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ELEMENTS 


OF 

CIVIL GOVERNMENT 

LOCAL, STATE, AND NATIONAL 


A BRIEF COURSE FOR UNGRADED, GRAMMAR, AND 
HIGH SCHOOLS 


BY 


WILLIAM A. MOWRY, Ph.D. 

/r 

Editor of “Education” ; for Twenty Years the Senior Principal of 
THE English and Classical School, Providence, R,L; and 
Author of “Studies in Civil Government” 



New York BOSTON 

1892 


i 


Chicago 




Copyright, 1890, 

By william A. MOWRY. 


Typography by J. S. Cushing & Co., Boston. 


Presswork by Berwick & Smith, Boston 



PREFACE. 


One of the most gratifying signs of the times is the 
increasing interest of late manifested in different parts 
of the country in the study of our Civil Government. 
This growing interest is seen in the multiplicity of 
books relating to this subject, its general discussion in 
the daily and weekly press arid the monthly and quar¬ 
terly magazines, the formation of Societies for Promoting 
Good Citizenship, and especially in the great increase 
in the introduction of the study of Civil Government 
into the public and private schools, academies, and 
colleges in all parts of the country. It is doubtless 
true to-day that the study is carefully pursued in many 
high, grammar, and ungraded schools in every state in 
the Union. It should be, in every school in the country 
where there are pupils above thirteen years of age. 

Our public school system is maintained upon the 
principle that the safety of free institutions demands 
intelligence on the part of every citizen. If the property 
of the state is to be taxed to educate the children of the 
state, it surely follows of necessity that the principles, 
methods, powers, and duties of the government, and the 
relation of the parts to each other and to the whole. 


3 



4 


PREFACE. 


as well as the duties and privileges of the citizen, 
should be studied in these schools. 

We have many treatises upon the Constitution of 
the United States, and text-books of a higher grade for 
the study of Civil Government in high schools, acad¬ 
emies, and colleges, — books so extended and complete 
that a full year is required to master them; but it is 
everywhere felt that a suitable book is very much 
needed for ungraded and grammar schools, and for high 
schools in the smaller towns and cities, where time 
cannot be found for an extended study of the subject. 
Moreover, it is found that many of the text-books are 
written for older and more mature pupils, thus being 
entirely above the reach of the younger and more im¬ 
mature minds in the schools just mentioned. 

It is the hope of the author that this book will be 
found well adapted for the purpose above indicated. It 
attempts to discuss, in a brief and elementary manner, 
the foundation principles and general facts of our gov¬ 
ernment, local, state, and national, in language easily 
understood by pupils from twelve to sixteen years of 
age, and at the same time without making the silly 
and futile attempt to degrade the dignity of the subject 
to the language and style of the primer, the first or the 
second reader. This subject can scarcely be studied to 
advantage by primary scholars, but it can be pursued 
with entire success by nearly all boys and girls who 
have studied arithmetic to percentage, and who can 
comprehend the good English of a fourth reader. 


PREFACE. 


5 


It is believed that the plan of this elementary treatise 
will commend itself to teachers everywhere. It is 
analytical and topical. It includes, — 

1. Town Governments. 

2. City Governments. 

3. County Governments. 

4. State Governments. 

5. The National Government. 

It introduces the history of the early settlements and 
the colonies, the formation of the state and national 
governments, and the rapid and marvellous growth of 
the republic. 

It gives topical analyses for blackboard work, and 
general outlines for reviews. 

This book is not designed to take the place of the 
author’s Studies in Civil Government,” but its purpose 
is to furnish a shorter course, which can be used in 
schools where younger pupils can spend from three to 
six months in the study of an elementary book, but 
would find the larger and more mature treatise too 
extensive and too difficult. 

The author takes this opportunity to express his 
grateful appreciation of the cordial reception and ex¬ 
tended introduction given to his former book, entitled 
“Studies in Civil Government,” which in two years has 
passed through four editions, and is now in extensive 
use in all sections of our common country. That book 
has just been thoroughly revised, and the necessary 


6 


PREFACE. 


changes made to adapt it to the present condition of 
our state and national governments. 

It may not be improper to add that these two books 
have not been made at the study table merely, but 
have grown out of twenty-five years of practical teach¬ 
ing, in which the author has had a class every year in 
this subject, and that not a few men now prominent in 
both public and business life have expressed the con¬ 
viction that this study has proved of greater interest 
and of more practical value to them than that of any 
other subject of their entire school curriculum. 

The author desires to express the hope that this 
brief treatise may serve to promote a higher apprecia¬ 
tion of, and a stronger love for, our free institutions and 
our liberal government “of the people,” to the end that 
they may be perpetual. 

WILLIAM A. MOWRY. 


Dorchester, May i, 1890. 


CONTENTS. 


PART I. 

LOCAL AND STATE GOVERNMENTS, 


Introductory 

CHAPTER 1 . 

PAGE 

Local Government 

CHAPTER H. 

. 17 

State Governments 

CHAPTER HI. 

. 39 

CHAPTER IV. 


Colonial and Revolutionary History . , . .55 


7 



8 


CONTENTS. 


PART 11. 

THE NATIONAL GOVERNMENT. 

CHAPTER L 

PAGE 

The Legislative Department.75 

CHAPTER II. 

The Executive Department . . . . . .101 

CHAPTER III. 

The Judicial Department.137 

CHAPTER IV. 

Miscellaneous Provisions.145 

CHAPTER V. 

The Amendments to the Constitution . . • 155 

CHAPTER VI. 

The Growth of our Country.163 

CHAPTER VH. ’ 


Rules of Procedure for Deliberative Assemblies 


• 173 


ELEMENTS OF CIVIL GOVERNMENT. 



BLACKBOARD OUTLINE. 


GOVERNMENT. 


1. Local. 

Town, Township, or County. 

2. State. 

At first thirteen states, now forty-four. 

3. National. 

A true republican government of confederated states. 


10 


PART FIRST 


LOCAL AND STATE GOVERNMENTS. 


CHAPTER 1 . 

INTRODUCTORY. 

We live in a republic. Our country is called 
the United States of America. It extends from 
the Atlantic Ocean on the east, across the Valley 
of the Mississippi River, over the Rocky Moun¬ 
tains to the Pacific Ocean on the west. On the 
south is the Gulf of Mexico and the republic of 
Mexico; on the north is British America; then 
far to the northwest beyond British Columbia is 
Alaska, which also belongs to the United States. 
We have forty-four states, six territories, and the 
District of Columbia in which is the city of 
Washington, the capital of our country. 

All the people in this broad country are citizens 
under one government. This is called the Na- 

o 


12 


INTRODUCTORY. 


tional Government. This National Government 
is divided into three parts, called the Legislative, 
the Executive, and the Judicial departments. 

The legislative department consists of a Con¬ 
gress of the United States, which includes two 
branches, the Senate and the House of Repre¬ 
sentatives. 

The executive power is invested in one man 
called the President of the United States. 

The judicial department comprises a series 
of Courts, including the United States District 
Courts, the United States Circuit Courts, and 
the Supreme Court of the United States. 

There are in this country subject to this one 
government more than sixty millions of people. 
This is the largest, most prosperous, and most 
powerful republic in the world. We ought to 
be thankful that we live under a good govern¬ 
ment and that our nation is large, and strong, 
and powerful. 

By and by we shall want to study the history 
of this government, when and how it began, and 
how it has grown to its present prosperous con¬ 
dition; but before taking up this subject, let us 
consider some other matters. We live not only 
in a republic but in a commonwealth. We are 
not only citizens of the United States, but we 
are citizens of the state of - 



INTRODUCTORY, 


3 


Every state has a government of its own. This 
government consists, like the National Govern¬ 
ment, of the Legislative, Executive, and Judicial 
departments. The legislative department, usu¬ 
ally called the State Legislature, includes a 
Senate and a House of Representatives. The 
executive officer of the state is called the Gov¬ 
ernor. The courts of the state include local 
courts, — that is, Police Courts or Justice Courts, 
— County Courts, for the trial of civil and crim¬ 
inal cases, and the Supreme Court of the State. 

Again, we are not only citizens of the United 
States, and citizens of our state, but we are citi¬ 
zens of the town or city in which we live. So 
we have a third kind of government, a local gov¬ 
ernment, that is, the government of our town or 
city. It will be necessary, therefore, in our study 
of Civil Government, to keep constantly in mind 
that we are subject to our local government, to 
the laws of the state and to the laws of the 
United States. In all matters that relate to 
local affairs the town or city government has full 
power; in another set of subjects, relating to the 
general good of the people of the commonwealth, 
the state government has full control; but in 
everything which concerns the nation at large, 
the authority is vested in the National Govern¬ 
ment. . 


14 


INTRODUCTORY. 


In Emerson’s beautiful little poem of the 
mountain and the squirrel, he makes the little 
rodent say to the mountain, “ If I cannot carry 
a forest on my back, neither can you crack a 
nut.” Each has its place and its duties and the 
other cannot interfere. 

The term “state sovereignty” is a misnomer. 
There is no such thing, and cannot be in a 
republic. Indeed there is — in the true sense of 
the word — no “sovereignty” in a republic, for 
there is no “ sovereign.” It is only by a figure 
of speech that we say “ the people are sovereign.” 
The township cannot interfere with the state or 
the nation, neither has the state or the nation 
the right to infringe upon the powers or preroga¬ 
tives of the town. 


INTRODUCTORY. 


15 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What is a republic? 

2. Describe the republic we live in. 

3. How many square miles does it contain? 

4. Citizens of towns, city, or county, of state and of nation. 

5. Legislative department — law-making. 

6. Executive department — enforcing. 

7. Judicial department — interpreting. 


BLACKBOARD OUTLINE. 


TOWN OFFICERS. 


1. Moderator. 

2. Town Clerk. 

3. Town Treasurer. 

4. Selectmen. 


5. Assessors. 

6. Constable. 

7. School Committee. 

8. Overseers of the Poor. 


9. Highway Surveyors, or Road Commissioners, 


CITY OFFICERS. 


I. Mayor. 

6. City Clerk. 

2. Aldermen. 

7. City Treasurer. 

3. Councilmen. 

8. City Solicitor. 

4. School Committee. 

9. City Auditor. 

5. Overseers of the Poor. 

10. City Marshal, and others. 


COUNTY OFFICERS. 


1. County Commissioners. 

2. County Treasurer. 

3. County Auditor. 

4. County Registrar. 


5. County Sheriff. 

6. Coroner. 

7. District Attorney. 

8. County Assessors. 


9. County School Commissioner, and others. 


16 





CHAPTER II. 


LOCAL GOVERNMENT. 

Section I. — The Town. 

The town is the local unit of government. 
The town government in this country originated 
in New England. In the new states of the west 
different circumstances have produced a differ¬ 
ent condition of local government. In the early 
settlements of New England a town included a 
little territory, generally with a central village 
and outlying farms scattered here and there. 
The people of this territory formed a compact 
settlement by itself and constituted a little de¬ 
mocracy, where all the people came together in 
town meeting and made laws for themselves, 
assessed taxes, ordered roads built, schools to be 
supported, and determined by a majority vote 
whatever seemed best for the well-being of the 
little settlement. 

These towns were grouped together in a col¬ 
ony, and the colonists were, at that time, subject 
to Great Britain. The first town meeting in 
America was held in Dorchester, Massachusetts, 


17 


18 LOCAL GO VERNMENT. 

in the year 1633. It was then established as an 
institution for that town. The citizens voted 
that the meeting should be held monthly, and 
that all matters relating to the welfare of the 
town were to be determined by a majority vote, 
the minority yielding their preferences and agree¬ 
ing to be governed by the majority. Other towns 
followed this example and established town meet¬ 
ings the next year, 1634. 

The establishment thus early in the history of 
our country of the town meeting has proved the 
source of much of our freedom at the present time 
in state and nation. In the newer settlements 
in the west covering greater areas of territory, 
generally without the nucleus of a village, the 
township, as the people call it there, is of less im¬ 
portance, while much of the local government is 
necessarily administered by counties. 

Section II. — Town Officers. 

A town meeting must be legally called. No¬ 
tices are posted in accordance with law, stating 
distinctly the business, article by article, which is 
to be transacted by the voters of the town in the 
meeting. At the annual town meeting the vari¬ 
ous officers of the town are elected. In some states 
the voting for the principal town officers must be 


LOCAL GOVERNMENT. 


19 


by ballot. The meeting is called to order by the 
town clerk, then the warrant is read and a mod¬ 
erator is elected. It is the duty of the moderator 
to preside at the meeting, to put all motions, de¬ 
clare the vote, to see that everything is done in 
proper legal form, and to preserve order. The 
principal officers of a town are mentioned below. 

Who are Voters. —^ In most of the states the 
requisites for voting in town, county, state, and 
national elections are as follows: — The person 
must be a citizen of the United States, twenty-one 
years of age; must have resided within the state, 
and county or town, the time required by law. 
Some states require a poll or registry tax. Some 
do not require citizenship. More than twenty 
states permit women to vote for School Com¬ 
mittee; and in Wyoming, for all officers and on 
all questions, the same as men. Kansas has mu¬ 
nicipal suffrage for women. 

Besides the appointment of town officers the 
voters assembled in town meeting levy taxes, 
and make apportionments of money for school 
purposes, highways, the support of the poor, and 
for such other purposes as may seem necessary, 
such as street lights in thickly settled portions of 
the town, fire engines, bridges, and various other 
matters. 

Town Clerk. — It is the duty of the Town 


20 


LOCAL GOVERNMENT. 


Clerk to keep the records of all business done 
in the town meetings during the year for which 
he was elected, to keep records of births, mar¬ 
riages, and deaths in the town, and perform such 
other duties of a like nature as the law requires. 

Town Treasurer. — It is the duty of the Town 
Treasurer to keep safely all moneys intrusted to 
him, receiving the town’s money from the Collec¬ 
tor of Taxes, from the debtors of the town in 
payment of bills due to the town, moneys re¬ 
ceived from the state for specified purposes and 
from any other sources from which the town may 
receive money. He is to pay out this money on 
the orders of the proper town officers in accord¬ 
ance with law, and in payment of bills against 
the town when certified or audited by the proper 
officers. The Town Treasurer is also required 
to look after the invested funds of the town, re¬ 
ceiving the interest or income from such funds, 
and making a report as occasion may require 
from time to time to the town meeting or to the 
Selectmen. 

Selectmen, — The Selectmen or Town Council, 
or, as they are called in some states, trustees 
of townships,, have the general charge of the ex¬ 
ecutive business of the town. They call the 
town meetings. In many states they receive 
and count the votes for state and national offi- 


LOCAL GOVERNMENT. 


21 


cers, they act as a board of health, where a board 
has not been appointed, they lay out highways, 
appoint certain minor officers, they represent the 
town in suits at law, they draw jurors, in some 
cases grant licenses, and do many other things, 
some of which differ in different states. 

Assessors of Taxes. — It is the duty of the 
Assessors of Taxes to make an inventory of all 
the real estate in the town with the names of 
the owners thereof, of all personal property and 
owners, and make a list of the names of all per¬ 
sons against whom a poll tax is levied. The 
town having voted the amount of tax to be 
raised, the assessors will subtract from this sum 
the amount of all poll taxes, and then determine 
the percentage which is necessary to raise the 
remainder of the required tax from the total tax¬ 
able property of the town. The tax list is then 
turned over to the Collector, whose duty it is to 
notify each person what his tax is and demand 
payment thereof. This notice usually states when 
and where the tax may be paid, and if not paid 
within the time allowed by law, then the Collec¬ 
tor must institute measures in accordance with 
law for its collection from the property assessed. 

Constable. — It is the duty of the Constable, 
like a police officer, to make arrests in accordance 
with law of persons charged with crime. A Con- 


22 


LOCAL GOVERNMENT. 


stable having arrested a person will hold him as 
prisoner and convey him to a safe place of deten¬ 
tion, keeping him in custody until he shall have 
a trial and be acquitted or sent to jail. It is the 
duty of the Constable also to serve warrants and 
writs, summon witnesses, and to perform all such 
duties as are laid upon him by law. 

School Committee. — Our people maintain in 
all the states and in all the territories a system of 
free schools. These schools are not established 
and maintained by national authority, but by 
state and territorial laws. In some states the 
schools are sustained by the state government, 
under uniform state laws, the state holding in its 
hands absolute control of all public schools within 
its jurisdiction. In such cases the state provides 
for the appointment generally of county superin¬ 
tendents and county school boards, the township 
having but little jurisdiction in the matter. In 
most of the older states, in the eastern part of the 
country, the township system prevails. In this 
section the state usually has a Board of Education 
and makes laws concerning the schools and their 
general management, but leaves the particular 
care of them to the towns. In such cases there 
is usually a state appropriation for school pur¬ 
poses, and another appropriation by each town, 
according to its needs. In this case the schools 


LOCAL GOVERNMENT. 


23 


of the town are placed under the control of the 
School Committee elected by that town. This 
Committee usually consists of three or more per¬ 
sons, generally an odd number, who, in accordance 
with the laws of the state, have the entire manage¬ 
ment and control of the public schools. In most 
states having School Committees they examine 
the teachers, grant them certificates, fix the rate 
of wages, approve the bills for payment, build, 
repair, and keep in order the school-houses, 
arrange courses of study, examine the schools, 
determine rules and regulations for them, etc. In 
some states women, as well as men, vote for 
members of the School Committee. 

Overseers of the Poor. — These officers have 
charge of the poor people belonging in the town, 
who have no relatives to support them, making 
proper arrangements for their support, either in 
the almshouse — sometimes called the poor-house 

— or boarding them in private families. In some 
cases this duty is assigned to the Selectmen. 

Road Commissioners or Highway Surveyors. 

— These officers have charge of all the necessary 
repairs on the highways and of the building of 
new roads when ordered by the town. The duties 
of other town officers need not be specified. 

Herrick’s “ Powers and Duties of Town Offi¬ 
cers in Massachusetts ” gives the following as the 
law in that state concerning town meetings : 


24 


LOCAL GOVERNMENT. 


“ Every town meeting shall be held in pursu¬ 
ance of a warrant under the hand of the select¬ 
men, directed to the constables or to some other 
persons appointed by the selectmen for that pur¬ 
pose, who shall forthwith notify such meeting in 
the manner prescribed by the by-laws or by a vote 
of the town. The selectmen may by the same 
warrant call two or more distinct town meetings 
for distinct purposes. 

“ The warrant shall express the time and place 
of the meeting, and the subjects to be there acted 
upon; the selectmen shall insert therein all sub¬ 
jects which may, in writing, be requested of them 
by any ten or more voters of the town, and noth¬ 
ing acted upon shall have a legal operation, un¬ 
less the subject-matter thereof is contained in the 
warrant.” 

The following is the form of the warrant for 
calling the Annual Town Meeting in the state 
of Massachusetts: — 

Warrant for calling the Annual Town Meeting. 

E-, ss. To either of the Constables of the town 

of B-, in the said county, Greeting : 

In the name of the Commonwealth of Massachusetts, 
you are directed to notify the inhabitants of the town of 

B-qualified to vote in elections and in town affairs, 

to meet at the Town Hall in said B-, on - the 






LOCAL GOVERNMENT. 


25 


- day of - next, at-o’clock in the forenoon, 

then and there to act on the following articles : — 

1. To choose a moderator to preside in said meeting. 

2. To choose all necessary town officers for the year 
ensuing. 

3. To hear the annual report of the selectmen, and 
act thereon. 

4. To raise such sums of money as may be necessary 
to defray town charges for the ensuing year, and make 
appropriations of the same. 

And you are directed to serve this warrant, by post¬ 
ing up attested copies thereof, one at the Town Hall, 
and one at each of the public meeting-houses in the said 
town, fourteen days at least before the time for holding 

said meeting. The polls will open at-o’clock, a.m., 

and will close at-o’clock, p.m. 

Hereof fail not, and make due return of this warrant, 
with your doings thereon, to the Town Clerk, at the 
time and place of meeting as aforesaid. 

Given under our hands this-day of-, in the 

year one thousand eight hundred and-. 

Selectmen of B- 

[Note to the Teacher. — Object lessons are the most effective 
of all lessons. It is the practice of some of our best teachers to 
have the scholars conduct a mock town meeting. Previous to the 
day on which the town meeting is held, the teacher should write 
off, or have written, a warrant, which should be posted in some 
convenient place in the school-house, signed by the selectmen, 
previously appointed from the scholars by the teacher. A town 
constable and a town clerk should also be previously appointed} — 
the constable to post the warrant and make returns thereon, and 
the town clerk should call the meeting to order, and preside until 
a moderator be elected. 







26 


LOCAL GOVERNMENT. 


On the day the town meeting is held, the school should organize 
and carry through the forms of such a meeting according to the 
warrant already posted. If it be an Annual Town Meeting, let the 
town officers be elected by ballot, let the business of the town, as 
embodied in the warrant, be conducted in order, and the meeting 
finally adjourned. 

Any skilful teacher who has a few bright scholars in the school 
(and what school has riot?) will find this practice of holding town 
meetings or of holding mock courts, or a Legislative Assembly, as 
the House or the Senate, to be of much interest and of great value 
to the school.] 

Section III.—Cities. 

When the population of the town becomes so 
large that it would be difficult to transact public 
business in the town meeting, it is customary 
all over the country for the town, by a majority 
vote, to apply for a city charter. In some states 
a special act of the Legislature is necessary to 
grant a charter for the new city. In other states 
a charter may be obtained, under circumstances 
defined by law, from the officers of the state in 
accordance with a general statute for the incor¬ 
poration of cities. This charter must be ac¬ 
cepted by a majority of the legal voters at the 
town meeting called for that purpose. The 
charter defines the powers and duties of the 
several officers to be chosen under it. 

The City Government. — The City Govern¬ 
ment is vested in the Mayor and the City Coun¬ 
cil. The Council may consist of two bodies, (i) a 


LOCAL GOVERNMENT. 


27 


Board of Aldermen and (2) a larger board called 
a Common Council, or it may consist of but 
one body, a Board of Aldermen and no Council, 
or a Council and no Board of Aldermen. 

The Mayor is elected by the voters of the whole 
city. The Aldermen are in some cases elected 
by wards or districts, and in others on a general 
ticket for the whole city. The members of the 
Common Council are usually elected by wards. 

The city, like the town, has its school commit¬ 
tee, assessors of taxes, overseers of the poor, clerk, 
treasurer, collector uf taxes; and it usually has 
a superintendent of streets, officers of the fire 
department, a city solicitor, a city physician, au¬ 
ditor, city marshal or chief of police, and some¬ 
times other officers. Many of these officers are 
appointed by the City Council rather than elected 
by the people. 

Mayor. — The Mayor is the executive officer 
of the city. He must see that the laws are en¬ 
forced, and that subordinate officers are faithful 
in their duties. He makes recommendations to 
the City Council. Usually he has a veto power 
over the Council similar to the veto power of the 
Governor over the legislature. The Mayor in 
some cases is considered as a member of the 
Board of Aldermen, and presides over them. In 
other cases he presides over them but has only 


28 


LOCAL GOVERNMENT. 


the casting vote. In still other cases he is not 
connected with the Board of Aldermen. 

The Aldermen. — The Board of Aldermen 
have powers and duties corresponding to those 
of the selectmen in the towns. They draw 
jurors, issue warrants for ward meetings, and in 
legislative matters have joint power with the 
Common Council. 

City Council. — The City Council, whether 
consisting of one body or of two, have the power 
to fix the salaries of officers, to levy taxes, borrow 
money, make appropriations for the various de¬ 
partments of the City Government, and in gen¬ 
eral to care for the public interests of the city. 
The City Council pass what are called ordi¬ 
nances relating to public matters, like the con¬ 
struction of sewers, the erection of buildings, 
obstruction of streets, prevention against fires, 
punishing vagrancy and truancy, and whatever 
is needful for the preservation of property, the 
public health, and the general well-being of the 
city. 

The town organization, as has been seen, is a 
democracy, while the City Government is repre¬ 
sentative. The executive power of the mayor 
and aldermen in the city corresponds to that of 
the selectmen in the town. The legislative power 
in the city is found in the City Council instead 


LOCAL GOVERNMENT, 


29 


of the whole body of voters as in the town. The 
City Council elects inferior officers instead of the 
people as in the town. In the city, voters meet 
in districts or wards for the election of officers, 
while in towns all the voters usually meet in one 
body. In some instances, however, large towns 
have been divided into voting precincts. 

Section IV. — Counties, 

The state is divided for convenience in local 
government into counties, or into counties and 
towns. In the south and some portions of the 
west, the states are divided into counties only. 
In New England and some of the Middle and 
Western States, the counties are sub-divided into 
towns or townships. The division into counties 
is found in every state except Louisiana, which 
is divided into parishes. 

In all states where the counties are divided 
into towns, the town is the unit of government, 
and in some states more important than the 
county. Where the counties are not thus di¬ 
vided, the county is the unit of government. 
Where towns exist, the local government is 
divided between the county and the town. Both 
counties and towns are corporations. 

County Commissioners. — In most of the states, 
but especially in those states where the local gov- 


30 


LOCAL GOVERNMENT. 


eminent is vested in the county rather than the 
town, the chief executive officers for the counties 
are called County Commissioners. In some states 
there are officers called supervisors, and the super¬ 
visors of the several towns in the county form a 
board of supervisors for that county. These 
boards have the care of the public property of 
the county and attend to all matters of building 
or repairing public buildings, such as the court¬ 
house and county jail. In those states where no 
towns are found, or where the county officers 
have more political power than those of the 
towns, these county boards or county commis¬ 
sioners exercise large powers with regard to 
schools, taxes, highways, bridges, etc. 

County Treasurer. — Each county has a Treas¬ 
urer who has the custody of all moneys belonging 
to the county, receiving the funds and paying 
them out as required. 

County Auditor. — In some states there are 
officers called County Auditors, whose duty it is 
to examine and certify bills against the county. 

Recorder or Registrar of Deeds. — In most 
states each county has a Recorder or Registrar 
of Deeds, whose duty it is to keep permanent 
records of all deeds, mortgages, and other written 
instruments which are required by law. In a few 
states these records are kept by the town clerks 
in the several towns. 


LOCAL GOVERNMENT. 


3 


Sheriff. — Each county has a Sheriff, or, as 
in some states, a Deputy Sheriff, to distinguish 
him from the High Sheriff. It is the duty of 
the Sheriff to execute all warrants, writs, and 
other processes intrusted to him by the courts, 
to arrest persons accused of crime, and to have 
charge of the county jail and its prisoners. 

Coroner. — It is the duty of the Coroner to 
inquire into the causes of the death of persons 
who have died suddenly or by violence. The 
Coroner summons a jury, who examine witnesses 
and give their opinion in writing as to the man¬ 
ner and cause of the person’s death. This is 
called a Coroner’s inquest.^ 

District Attorney. — It is the duty of the Dis¬ 
trict Attorney to conduct the prosecution in all 
courts of the county in which persons are tried 
for crimes. He is sometimes called the prosecut¬ 
ing attorney or the state’s attorney. 

Assessors. — Wherever the taxes are assessed 
and collected by counties instead of by towns, the 
counties have Assessors and Collectors of Taxes. 
Their duties have already been described. There 
are also county Surveyors and other officers differ¬ 
ing in different states. 

School Commissioners or Superintendents. — 

In a large number of states the public schools are 
managed by counties. In such cases the county 

^ In Massachusetts, where there is no Coroner, the inquiry is made by 
a “ Medical Examiner,” and the inquest is held by a court or trial justice. 


32 


LOCAL GOVERNMENT. 


has a School Commissioner or a Superintendent 
of Schools, whose duty it is to examine teachers, 
visit the schools, and attend to general matters 
relating thereto, but only as directed by the laws 
of the state. In some states there are county 
boards of education, differently constituted, who 
have under their care the interests of the public 
schools. 

These various county officers may be consid¬ 
ered as belonging to two classes in respect to 
their jurisdiction. Some of them are the repre¬ 
sentatives of the county only, while others are 
considered as state officials, but exercise their 
power only in their own county. The County 
Sheriff arrests a man for crime, but as the crime 
is fixed by state law, it is considered that the state 
arrests the man; yet this arrest is made by the 
agent of the county. So when the district attorney 
prosecutes him, it is in the name of the state whose 
law he has violated. But the county commission¬ 
ers, or the recorder, or county treasurer act only 
for their county, and in no sense in the name of 
the state 


Section V. — Education. 

Perhaps no department of our government is 
of more importance than our system of public 
schools. Although these are supported and regu- 


LOCAL GOVERNMENT. 


33 


lated by the state, yet they are substantially local 
institutions and may properly be treated in this 
place. 

Monarchies do not necessarily rely on the in¬ 
telligence of the people for the preservation of 
their form of government, but a republic is made 
secure only by the intelligence and morality of all 
the people. It is generally agreed that intelli¬ 
gence, enterprise, thrift, and virtue are essential 
elements for a popular government. It would be 
unwise and dangerous to the state for us to allow 
any portion of our people to bring up their chil¬ 
dren in ignorance or vice. . 

The public school began its history in this 
country in New England. The Boston Latin 
School dates from 1635. Harvard College was 
founded, partly by private gifts and partly by the 
government of Massachusetts Bay, in 1636. The 
town of Dorchester established the first public 
school which was supported by taxation in 1639. 
From this time onward the district school in New 
England became an important institution, so that 
long ago it was considered one of the boasted 
products of New England. 

When the territory northwest of the Ohio River 
was first settled, many of the pioneers went from 
the Eastern States. They carried with them and 
established in that section the New England 


34 


LOCAL GOVERNMENT. 


system of public schools. This institution has 
since prevailed in all the great northwest and in 
the states upon the Pacific coast, and since the 
late war it has been established by law in every 
southern state. All the organized territories have 
also established for themselves public schools. We 
have then to-day a system of public schools pre¬ 
vailing in every state of the U nion, in every organ¬ 
ized territory, and in the District of Columbia. 
The laws relating to the schools, as well as their 
management, differ greatly in different states. 
In New England, where they first started, much 
is left to the people of. each town. The state has 
a Board of Education and a Superintendent of 
Public Instruction. In some states this officer is 
called a Commissioner of Education, in others he 
is termed the Secretary of the Board of Educa¬ 
tion. The state makes laws for the government 
of the schools, and apportions a certain sum of 
money among the several towns, but each town 
levies a tax upon its inhabitants and their property 
for school purposes. 

In the west and the south the states have a more 
direct management of the schools, exercising a 
more immediate control over them. Many states 
have school funds to aid in supporting their public 
schools. In those states where the counties are 
not divided into townships, the schools are county 


LOCAL GOVERNMENT. 


35 


schools, usually divided into districts for schools 
of the lower grades, but having one or more 
county high schools. 

In some states public schools are largely ele¬ 
mentary in their character, but a majority of the 
states carry public instruction through a high 
school course. Many of the Western States main¬ 
tain also state universities, in which any young 
person belonging in the state can have free in¬ 
struction through a liberal course of college or 
university study. 

Private Institutions of Learning. — In addi¬ 
tion to the public schools, all sections of our 
country maintain many private institutions of 
learning. There are private schools — primary, 
grammar, and high — in most of our large towns 
and cities. Many academies and seminaries have 
been founded and endowed by benevolent per¬ 
sons, where an excellent education can be ob¬ 
tained at moderate expense. Colleges and uni¬ 
versities are numerous in all parts of our country. 
Many of them are well endowed with large funds, 
enabling them to give a liberal education at a 
small part of its actual cost. Of late, parochial 
schools have been established by the Roman 
Catholic Church in large numbers in different 
sections of the country. The different Protes¬ 
tant denominations have, to a greater or less 


3^ 


LOCAL GOVERNMENT. 


extent, denominational schools here and there, 
of various grades. Perhaps there is no country 
in the world where the opportunities for every 
one to obtain a good education are more wide¬ 
spread than in the United States of America. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

TOWNS. 

1. Give an account of the early New England town. 

2. Western towns. Why are the towns in some sections 
of less relative importance than in New England? 

3. Town meeting — importance. 

4. Town officers — how elected. 

5. Duties of Town Clerk. 

6 . Duties of Town Treasurer. 

7. Duties of Selectmen. 

8. Duties of Assessors. 

9. Duties of Constable. 

10. Duties of School Committee. 

11. Duties of Overseers of the Poor. 

12. Duties of Road Commissioners. 

13. What preliminaries are needed before a town meeting 
can be legally organized ? 

14. What can be done legally in a town meeting? 

CITIES. 

15. What is a city charter? 

16. How obtained? 



LOCAL GOVERmiENT. 


37 


17. Difference between a town government and a city 
government. 

18. How is the Mayor elected? 

19. Duties of Mayor. 

20. Duties of Aldermen. 

21. Duties of Councilmen. 

COUNTIES. 

22. Where are counties of the most importance? Why? 

23. What state has no counties? 

24. When are counties units of government? 

25. Duties of County Commissioners. 

26. Duties of County Treasurer. 

27. Duties of County Auditor. 

28. Duties of Recorder. 

29. Duties of Sheriff. 

30. Duties of Coroner. 

31. Duties of District Attorney. 

32. Duties of Assessors. 

33. Duties of SchooTCommissioners. 

34. Write an essay upon our system of public schools. 

[Let different pupils take different topics concerning public schools, • 
e.g.: (i) Why is it right or just to tax all the property to support public 
schools? (2) The necessity of compulsory education. (3) Should the 
state support high schools? (4) .Should it support colleges? (5) Advan¬ 
tages and disadvantages of private schools. (6) Advantages of graded 
schools. (7) Why should we learn to read? (8) Is it a disgrace to be a 
poor speller? (9) Is it any credit to be a good speller?] 


BLACKBOARD OUTLINE. 


DEPARTMENTS OF GOVERNMENT. 

I. Legislative | 2. Executive. 

3. Judicial. 

LEGISI.ATIVE DEPARTMENl'. 

I. The House. ] 2. The Senate. 


EXECUTIVE DEPARTMENT. 

I. The Governor. | 2. The Lieutenant-Governor. 

3. The Council. 


OTHER EXECUTIVE OFFICERS. 


1. Secretary of State. 

2. Treasurer. 

3. Auditor. 

4. Attorney-General. 


5. Surveyor-General. 

6. Commissioner of Public 

Schools. 

7. State Librarian, and others. 


THE 

1. Justice Courts. 

2. Police Courts. 


STATE COURTS. 

I 3. County Courts. 

1 4. Supreme Court. 


38 



CHAPTER III. 


STATE GOVERNMENTS. 

Section I. — Their Origin. 

When the War of the Revolution commenced, 
it united thirteen English colonies, which were 
located along the Atlantic coast of North Amer¬ 
ica, in rebellion against the British government. 
On the 4th of July, 1776, these colonies, through 
their delegates assembled in the Continental 
Congress, declared themselves independent of 
the mother country, and published to the world 
their intention of taking their place as one of 
the nations of the earth. The several colonies 
at that moment became states. They immedi¬ 
ately adjusted their government in accordance 
with the new conditions under which they were 
placed. On that same day began the new nation 
of the United States of America, and the separate 
existence of each state as a state in the Union. 
One after another of these states formed a written 
constitution for itself, some just before, the others 
after the Declaration. These were termed state 
constitutions. Every one of the present forty- 

39 


40 


STATE GOVERNMENTS. 


four states has a written constitution, which was 
formed by a convention of the people, and which 
has been adopted by a majority vote. 

Virginia was the first state to adopt a consti¬ 
tution, June 29, 1776. On the 2d of July, New 
Jersey adopted a constitution. These two were 
prior to the Declaration of Independence. Be¬ 
fore the end of that year, Maryland, Delaware, 
Pennsylvania, and North Carolina had adopted 
constitutions. In 1777 Georgia, New York, and 
Vermont adopted constitutions, although Ver¬ 
mont was not admitted into the Union as a state 
until 1791. South Carolina adopted her consti¬ 
tution in 1778, Massachusetts in 1780, and New 
Hampshire in 1784. 

Connecticut and Rhode Island continued their 
governments under their former charters received 
from the king. The charter of Connecticut dated 
from April 20, 1662, and it served as a constitu¬ 
tion for that state until the year 1818. The 
charter of Rhode Island went into operation 
July 8, 1663, and that little state retained it as 
her constitution until the year 1842, when she 
adopted a state constitution. At the time that 
charter was superseded by the new constitution 
(1842), it was the oldest written constitution then 
in force in the world. 

These various state constitutions all contained 
substantially: — 


STATE GOVERNMENTS 


41 


1. A Bill of Rights. 

2. An Executive Department. 

3. A Legislative Department. 

4. A Judicial Department. 

Section II. — The Legislative Department. 

The Legislative Department makes the laws 
for the state, but the state laws must not conflict 
with the constitution of the state nor the consti¬ 
tution of the nation. The state laws relate to 
matters of justice, equity, and rights, concerning 
the dealings of the citizens with each other and 
with the state. They provide for the organiza¬ 
tion of corporations, the establishment and sup¬ 
port of educational and charitable institutions, 
and make all needed regulations for the prosecu¬ 
tion and punishment of crime. In general, the 
aim of the Legislature in all laws is to promote 
the general welfare of the people of the state. 

It was but natural that these English colonists 
should follow in many things the notions and cus¬ 
toms which they had received from the mother 
country. In Great Britain the Legislative De¬ 
partment of the government included the House 
of Commons and the House of Lords. The 
American states severally, and the United States 
in its constitution, all followed the British system 
of two houses. 


42 


STATE GOVERNMENTS. 


The House of Representatives. — Each state 
has a House of Representatives, although not 
always called by that name. The Representa¬ 
tives are chosen in nearly all of the states on* the 
basis of population. For this purpose the state 
is divided into representative districts. A few 
states elect representatives for one year, but more 
elect for two years; while some elect for three 
years, and a few for four years. 

The Senate. —-The Senate is considered the 
upper house of the Legislature. The office of 
Senator is supposed to be of higher honor than 
that of Representative. The Senators are cho¬ 
sen from senatorial districts, which in all of the 
states are larger than the representative dis¬ 
tricts, making the Senate a smaller body than 
the House. Each house has a list of standing 
committees, and most of the business of the two 
houses is considered, examined, digested, and re¬ 
ported to the house by the appropriate commit¬ 
tees ; so that much of the ordinary business of 
the house is to pass a formal sanction upon what 
has been done by the committees. In this way 
the transaction of business is greatly facilitated, 
and the result is probably wiser than if every de¬ 
tail came before the full house. 

When, however, some matter of importance 
• upon which there is a diversity of opinion comes 


STATE GOVERNMENTS. 


43 


from a committee, the house discusses the sub¬ 
ject, the members who are specially interested in 
that particular question debate it with all the 
strength of their decided convictions; and then, 
when the majority has decided the point, the 
minority yield gracefully, and the law is passed or 
defeated, as the case may be. 

The Making of a Law. — Before any bill can 
become a law it must be presented to one of these 
two houses, usually reported upon favorably by a 
committee, passed to a second reading, generally 
laid over until another day, then being called up 
it takes its third reading, and if adopted by the 
requisite vote, is sent to the other house. Here 
it goes through the same form as before, and on 
a favorable report from the proper committee it 
passes to its three readings. If at the third read¬ 
ing it obtains a majority vote, it is ordered to be 
engrossed and sent to the Governor for his signa¬ 
ture. In most states the Governor has a veto 
over all bills passed by the Legislature. If he 
signs the bill, thereby indicating his approval of 
it, it becomes a law, and it is then sent to the 
Secretary of State to be placed on file for pres¬ 
ervation. If the Governor disapproves of the 
bill he refuses to sign it, or in other words he 
“ vetoes ” the bill, and returns it with his objec¬ 
tions to the house where it originated. In this 


44 


STATE GOVERNMENTS. 


case it must pass the two houses of the Legisla¬ 
ture again, and in nearly all the states a two- 
thirds vote is necessary. If it fails to receive 
this vote in either house, the bill is killed. In 
some states a majority vote only is necessary to 
pass the bill over the Governor’s veto. 

Each house is the judge of the election and 
qualifications of its own members, chooses its 
own officers, and establishes its rules of proced¬ 
ure. In some of the states the House of Repre¬ 
sentatives only can originate bills looking toward 
taxation or the expenditure of money. 


Section III.—The Executive Department. 

The Governor. — The chief executive officer 
of the state is the Governor. It is a common 
custom to apply to him the title of “His Excel¬ 
lency.” In the early history of the states New 
Hampshire, Pennsylvania, Delaware, and South 
Carolina called the executive officer the Presi¬ 
dent. All other states from the outset gave him 
the name of Governor. 

In a monarchy the chief executive officer is the 
monarch himself. In him is the source of power, 
and other officers are responsible to him. Under 
a republican form of government, as in the sev¬ 
eral states, the executive officer holds inferior offi- 


STATE GOVERNMENTS, 


45 


cers responsible to him, but he in turn is respon¬ 
sible to the people, who are the source of all 
political power. 

Term of Office. — The Governor is elected by 
the people ; in some states annually, in others for 
the period of two, three, or four years. The ten 
dency at present seems to be toward biennial 
elections. 

Qualifications. — The qualifications necessary 
for a Governor differ in the different states. The 
qualifications for a Governor in every state are 
determined by the constitution of that state. 
These constitutions commonly agree that to be 
eligible for the office of Governor a person must 
have been for a certain number of years a citizen 
of the United States, and for a term of years im¬ 
mediately preceding his election a resident of the 
state. He must also be above a certain age, 
which in most of the states is thirty years. 

Powers and Duties. — The executive powers 
and duties of the Governor are important and 
various. It is his duty to represent the state on 
public occasions and in its dealings with other 
states and the United States. He is Commander- 
in-Chief of the military forces of the state, and has 
the power to call out the militia of the state in 
time of insurrection. It is his especial care as 
the chief executive to see that the laws be faith- 


46 


STATE GOVERNMENTS. 


fully executed. He has power to call upon the 
different executive officers under him for informa¬ 
tion concerning the condition of affairs in their 
respective departments. He communicates infor¬ 
mation of the condition of the state by message 
to the Legislature when in session, and is accus¬ 
tomed to recommend to that department of the 
government such measures as he considers neces¬ 
sary and desirable. He usually has the power to 
call together the Legislature on extraordinary 
Dccasions. In most states he has the veto power. 

The Governor has certain judicial powers. In 
most states the power is granted to him by the 
constitution to reprieve or pardon criminals. To 
reprieve a criminal is to postpone or delay for a 
certain time the execution of the sentence which 
has been already pronounced upon him. To par¬ 
don is to free the criminal entirely from the exe¬ 
cution of the sentence. A pardon forgives the 
offence and releases the offender. Most states 
also give the Governor the power to commute a 
sentence; that is, to change the penalty or pun¬ 
ishment for a less severe one. For instance, when 
a person has been sentenced to capital punish¬ 
ment, the Governor may commute that sentence 
to imprisonment for life. In some states the par¬ 
doning power is not given to the Governor, but 
is retained in the hands of the Legislature, or the 
Senate, or the Governor’s Council. 


STATE GOVERNMENTS, 


47 


The Governor has also in all states more or 
less appointing power. He appoints many ex¬ 
ecutive officers and sometimes judicial officers. 
This power of appointment differs greatly in the 
different states. In some states he appoints all 
the principal executive and judicial officers, such 
as the Secretary of State, the Attorney-General, 
and the judges of the courts. In other states 
these officers are elected by the people, and the 
Governor appoints only officers of a lower grade. 
In none of the states has he the power to ap¬ 
point legislative officers. In some states the 
Governor is intrusted with powers and duties 
which it is not necessary to mention here. Some 
states provide for a “ Governor’s Council,” or, as 
it is sometimes called, an “ Executive Council.” 
The members of this council are usually elected 
by the people, and their duty is to advise the 
Governor, especially in regard to certain matters 
definitely stated in the laws. 

Lieutenant-Governor. — Most of the states 
have an officer called a Lieutenant-Governor. 
In one-quarter of the states this office does not 
exist. Usually he has but few duties. In most 
of the states which have such an officer he pre¬ 
sides in the Senate. The principal reason for 
having a Lieutenant-Governor is to guard against 
a vacancy in the office of Governor. Should the 


48 


STATE GOVERNMENTS. 


Governor die, or by any reason be removed or 
become incompetent to discharge the powers and 
duties of his office, these would devolve upon 
the Lieutenant-Governor; but in every instance 
only in accordance with the constitution of the 
state. 

Executive Officers. — The executive officers 
vary in the different states. In most of them 
the constitution provides for a secretary of state, 
an auditor or comptroller, a treasurer, and an 
attorney-general. Some states have an officer 
called a surveyor-general, whose duty it is to 
look after the lands belonging to the state; a 
superintendent of schools, or superintendent of 
public instruction, or commissioner of public 
schools; state printer; a state librarian, and 
others. 

Some states have boards of education whose 
duty it is to exercise supervision over the normal 
schgols of the state, if there are such; prescribe 
forms for registers and blank-books for school 
statistics; to direct or advise the superintendent 
of public instruction; and to make annual re¬ 
port to the Legislature of the state concerning 
education within its limits, with recommenda¬ 
tions for necessary legislation or appropriations. 

Some states have a board of agriculture, a 
board of health, a board of prison commission- 


STATE GOVERIVMEATTS. 


49 


ers, a board of railroad commissioners, harbor 
commissioners, insurance commissioners, commis¬ 
sioners of savings banks, and the like. 


Section IV. —The Judicial Department. 

The constitutions of the several states provide 
for the establishment of courts of justice and 
carefully define their powers. In some states the 
judges are appointed, and in others they are 
elected by the people. The legislative depart¬ 
ment makes laws, the executive department en¬ 
forces them, but the judicial department interprets 
the laws and decides cases of law, making the 
proper application so as to insure justice to indi¬ 
viduals. The names and powers of the different 
courts differ greatly among the several states. In 
no two states is the judicial department exactly 
alike. All that can be done here is to give a 
tolerably correct idea of the judicial system to be 
fpund in most of the states. 

Justices of the Peace. — In the various towns 
or counties in the different states officers are 
chosen, termed Justices of the Peace. The justice 
will hold a petty court, in which he has the power 
to try civil cases which involve small amounts. 
Some states limit this amount to one hundred 
dollars, and others to fifty dollars. He has also 


50 


STATE GOVERNMEJVTS. 


the power to try persons charged with small 
crimes. Sometimes he has the power to make a 
preliminary examination and bind over criminals 
for trial in the higher courts. 

Police Courts. — In the cities the lowest order 
of courts, similar to the justice courts in the towns, 
is usually termed police courts. 

County Courts. — In most of the states the 
courts next above justice courts or police courts, 
which are organized for the trial of civil cases 
and of crimes, are held by counties, and are called 
by various terms, such as district courts, county 
courts, courts of common pleas, superior courts, 
etc. Many of the states outside of New England 
call these courts circuit courts. 

Supreme Court. — The highest court in the 
state is usually called the supreme court of such 
a state. This is usually not a court of original 
jurisdiction, but only for the trial of cases ap¬ 
pealed from the lower courts. 

Probate Courts. — The term probate court is 
used in most of the. states with a uniform mean¬ 
ing. Usually there is one probate court in every 
county, which has generally but a single judge. 
These courts are quite different in character from 
the courts just described. They are not for the 
trial of disputes between citizens, nor for the trial 
of persons charged with crime, but their powers 


STATE GOVERJVMEJVTS. 


5 


and duties relate exclusively to the settlement of 
the estates of deceased persons. They act upon 
wills, appoint administrators, and empower execu¬ 
tors to act in accordance with the wills. When 
a person dies, leaving property, but not having 
made a will, it is said that he dies intestate. In 
that case it is the duty of the probate court to 
appoint administrators, whose duty it is to settle 
the estate, paying all lawful bills brought against 
it, and to divide the property among the relatives 
to whom it would belong by law. Strictly speak¬ 
ing, the administrator has no jurisdiction over the 
real estate of a person deceased. The lawful 
heirs can take possession of that without authority 
from the court. 

When a person dies leaving a will, he usually 
names in that will an executor or executors, whose 
duty it shall be under the will to dispose of his 
property in accordance with the provisions of the 
will. The probate court has power to remove 
executors or administrators who fail in the dis¬ 
charge of their duty, to settle their accounts, and 
to decide questions of dispute which may arise in 
the distribution of the estate. Probate courts are 
sometimes called orphans’ courts, because they 
have the power to take charge of the estates of 
minors whose parents have died, and to appoint 
guardians for them. 


52 


STATE GOVERNMENTS. 


Questions of dispute which may arise concern¬ 
ing decisions of probate courts may be appealed 
to the county courts or the supreme court of the 
state. 

Judges of the various courts are sometimes 
appointed by the Governor, sometimes by the Leg¬ 
islature, and sometimes elected by the people. 
Their terms of office differ in the different states. 
Frequently the term is from six to ten years. 
Justices of the peace are usually elected for one 
or two years. It is common in the New England 
States for the judges of the higher courts to hold 
office for life. All the officers under the judicial 
department, as well as those in the legislative and 
executive departments, receive salaries which are 
fixed by state laws. 

There are many other matters of various kinds 
relating to the state governments, which might 
be considered with propriety here, but which 
may better be omitted, especially for the reason 
that most of them will be fully explained and 
better understood under the department of our 
national government. The subordination of the 
parts to the whole, of the inferior to the superior, 
must be kept in mind. The town and the county 
are portions of the state, are inferior to the state, 
and are subject to its power and its law, but only 
so subject in matters over which the state by the 


STATE GOVERNMENTS. 


53 


constitution has authority vested in it. So in 
like manner it must be remembered that the 
states are parts of the nation, and as such are 
in subordination to the national authority, but 
only in such matters as the nation has power 
given to it by its constitution. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What was the Declaration of Independence ? 

2. How did the colonies become states? 

3. Write a paper of one hundred words or more, describ¬ 
ing the legislative department of a state. 

4. Difference between the “ House ” and the “ Senate.” 

5. Describe how a law is made. 

6. Duties of the Governor. 

7. Is a Lieutenant-Governor like a “ fifth wheel to a coach ” ? 

8. What executive officers are there in the states ? 

9. Justice Courts. 

10. Police Courts. 

11. County Courts. 

12. Supreme Courts. 

13. Probate Courts. 

14. What is meant by intestate? 

15. What is meant by executor? 

16. What is meant by administrator? 

17. State Judges — how appointed or elected? 



BLACKBOARD OUTLINK. 


SETTLEMENTS. 

X Spanish. ] 2. French. 

3. English. 


COLONIAL AND REVOLUTIONARY HISTORY. 


The Supreme Moment in 
the History of America. 
First Continental Congress. 


3. Second Continental Congress. 

4. Articles of Confederation. 

5. Plan of the Confederation. 


6. The Federal Convention. 



CHAPTER IV. 


COLONIAL AND REVOLUTIONARY HISTORY. 

Section I. 

The Contest of the Kings for North America. 

— After the discovery of America by Columbus 
Spain claimed the right to the new world. It 
was not long, however, before Great Britain, 
France, and other nations sent over vessels on 
exploring expeditions, each claiming the right to 
the country along whose coast they sailed. A 
little later settlements were attempted here and 
there from Quebec to St. Augustine, in Mexico, 
Central and South America. 

Spanish Settlements. — Spain made the first 
permanent settlement in what is now the United 
States, at St. Augustine, Florida, in 1565. Spain 
at an early date took possession of Mexico, Cen¬ 
tral America, and a large part of the Atlantic 
coast of South America. So it came to pass 
that the Spanish Provinces were all further south 
than the country which at a later date became 
the United States of America. 


55 


56 


COLOJV/AL HISTORY. 


French Settlements. — The French people 
are entitled to great praise for their early explo¬ 
rations and settlements in North America, and 
for the devoted efforts of French priests to in¬ 
struct and Christianize the North American 
Indians. Father Marquette, Chevalier De La 
Salle, Joliet, and many others penetrated into the 
wilderness, traced the course of the principal 
rivers, navigated the Great Lakes, and explored 
the entire valley of the St. Lawrence and the 
Great Basin of the Mississippi. 

They had possession of what is now the British 
Provinces at the north of us, and of the entire 
country between the Alleghanies and the Rocky 
Mountains. 

English Settlements. — Great Britain was at 
an early date very active in sending out expedi¬ 
tions for discovery and explorations. The Cabots, 
Sir Francis Drake, Sir Humphrey Gilbert, Capt. 
John Smith, Gosnold, and others sailed along the 
Atlantic coast, taking possession of the country 
in the name of the king of Great Britain. Set¬ 
tlements were effected at Jamestown, Plymouth, 
Salem, Boston, Hartford, New Haven, and later 
still Philadelphia, and along the coast of the Caro- 
linas and Georgia. 

The Contest for Supremacy. — Thus it hap¬ 
pened that these three great European nations, 


COLONIAL HISTORY. 


57 


to say nothing of Portugal, Holland, Sweden, 
and other minor powers, had before the middle 
of the last century planted flourishing settle¬ 
ments and organized governments for prosperous 
colonies along the coast and in the interior from 
Quebec to the Isthmus of Darien. 

If the map of North America were made in 
three colors, showing the several parts of this 
continent held by these three great powers from 
1740 to 1750, the lines would be somewhat as fol¬ 
lows: The green color, which might represent 
Spain, would cover Florida, Mexico, and Central 
America. The yellow shade, representing France, 
would include all of the present British America 
and the entire valley of the Mississippi River. 
The red, which we will have represent the British 
power, will cover only the few feeble colonies along 
the coast from Maine to Florida, and extending 
westward to the Alleghany Mountains. 

Section IL—The Contest Ended. 

The Supreme Moment in the History of 
America. — In the year 1754 hostilities broke out 
between the English colonies in North America 
and the French. During several years preceding 
this date' the French had established a line of 
posts along the Ohio' River and near the Alle.- 


58 


COLONIAL HISTORY. 


ghany Mountains, intending to prevent the Eng¬ 
lish from extending themselves beyond the moun¬ 
tains to the westward. Washington, at the head 
of troops from Virginia, was sent to dislodge the 
French from Fort Duquesne. In the next year, 
1755, occurred the defeat of General Braddock 
near this fort. In 1756 Ford Foudon was sent 
to command the British troops in America. The 
contest went on with the battle of Fouisburg, 
Fort William and Henry, and the capture of Fort 
Frontenac. The English were defeated at Fort 
Ticonderoga, and fought other battles, until Gen¬ 
eral Wolfe was sent by the British to take Que¬ 
bec, and there defeated the French army under 
Montcalm. 

The Battle of Quebec. — During the night the 
British forces climbed the steep precipice from the 
river up to the “ Plains of Abraham.” A fierce 
battle ensued. It was the turning-point in the his¬ 
tory of America. If the French should be able to 
compel the forces to retreat, France might reason¬ 
ably expect to hold permanent possession of both 
the French and the English colonies of North 
America. If, on the other hand, the English 
should capture the city of Quebec, France would 
be beaten, and she would be obliged to surrender 
her vast possessions in this new world to Great 
Britain. The English were successful. Wolfe 


COLONIAL HISTORY. 


59 


and Montcalm were both killed. Montcalm, when 
dying, said, “ I am happy that I shall not live to 
see the surrender of Quebec.” Wolfe, after re¬ 
ceiving his mortal wound, being told that the 
French were fleeing everywhere, said, “ Now God 
be praised! I die in peace.” This was in the 
year 1760, and soon after the English completed 
the capture of Canada. 

Had the French succeeded in this contest, the 
English colonies would have been obliged to sur¬ 
render themselves to the domination of France. 
The French language, French customs, French 
laws, would have controlled America; but, on the 
other hand, as the English were victorious, Erance. 
was swept from the continent of America, and not 
till the beginning of the present century did she 
again secure any foothold here. The treaty of 
1763 between England and Erance was a great 
triumph for the English-speaking race. 

One historian says, “ England, proudly impe¬ 
rious, drunk with success, dictated humiliating 
terms to Erance, and robbed her of all her pos¬ 
sessions in North America.” Great Britain took 
possession of the entire valley of the St. Law¬ 
rence,— which carried with it all the country 
which we now know as British America, — and 
all the territory east of the Mississippi River. 
France was permitted to cede to Spain the terri- 


6o 


COLONIAL HISTORY. 


tory west of the Mississippi River, lying between 
that river and the Rocky Mountains, which was 
known as the “ Province of Louisiana.” This 
may well be called the supreme moment in the 
history of North America. From this time on¬ 
ward it was manifest that England and the Eng¬ 
lish-speaking people must dominate this country. 
Count De Vergennes, a distinguished Erench 
statesman, was at that time the Erench minister 
at Constantinople. As soon as he heard what 
the English demands had been, and that the 
Erench had lost all in North America, he said, 
“ The English have overshot the mark. Their 
next step will be to tax their American colonies 
to help defray the expenses of this war. The 
Americans, then no longer needing the protec¬ 
tion of England, will refuse to pay the tax, and 
strike off all dependence upon the mother coun¬ 
try.” This was in 1763. How true his prophecy 
was will readily appear when we observe that the 
Declaration of Independence was passed only 
thirteen years later. The British did tax the 
colonies, the colonies did refuse to pay the tax, 
and, the Erench power being entirely swept away, 
and the Spanish being far off beyond the Missis¬ 
sippi, they no longer feared any foreign nation, so 
that their own independence was only a question of 
time. The Stamp Act alienated the Americans, 


COLONIAL HISTORY. 


6l 


the tax on*tea exasperated them; hostilities were 
commenced, the Declaration of Independence was 
put forth, the war ensued, and the thirteen British 
colonies became an independent republic. 

The surrender of Cornwallis upon the plains 
of Yorktown occasioned the resignation of Lord 
North, and an entire change in the British min¬ 
istry. Yet it was more than a year before terms 
of peace could be agreed upon, and two years 
before the definitive treaty was signed. 

The First Continental Congress. — Sept. 5, 
1774, on the recommendation of Massachusetts, 
a Continental Congress consisting of delegates 
from twelve colonies assembled in Philadelphia. 
The youngest colony, Georgia, was not repre¬ 
sented. This gathering came to be known as 
the First Continental Congress. Many distin¬ 
guished men were members of it, such as John 
Adams and Samuel Adams of Massachusetts, 
Roger Sherman of Connecticut, John Jay of New 
York, Peyton Randolph, Richard Henry Lee, 
Patrick Henry, and George Washington of Vir¬ 
ginia. Peyton Randolph was chosen president. 
The Congress adopted the following resolution: 
“ That in determining questions in this Congress, 
each colony or province shall have one vote; the 
Congress not being possessed of, or at present 
able to procure, proper materials to ascertain the 
importance of each colony.” 


62 


REVOLUTIONARY MISERY. 


The adoption of this rule proved to 4 De a mat¬ 
ter of great importance subsequently, inasmuch 
as it continued in force through the entire Revo¬ 
lutionary War, and until the Federal Constitu¬ 
tion went into effect in 1789. 

The Congress drew up four papers, — an ad¬ 
dress to the king, another to the people of Great 
Britain, a third to the inhabitants of the colonies, 
and a fourth to the people of the province of 
Canada. They recommended that another Con¬ 
gress be called for the tenth of the following 
May, in case the grievances complained of were 
not previously redressed. No good results were 
obtained from these addresses to Great Britain, 
although several British statesmen, including 
Lord Chatham, spoke of them in terms of high¬ 
est admiration. 

Section III.—The Revolution. 

Second Continental Congress. — In accord¬ 
ance with the vote of the First Congress, the 
Second Continental Congress assembled at Phil¬ 
adelphia on the loth of May, 1775. This Con¬ 
gress continued in session until March, 1781, and 
after that date it had annual sessions till the 
Federal Constitution went into effect in 1789. 
This Second Continental Congress was in reality 
the national government through the Revolu- 



























































































































































































































































































































































































































































REVOLUTIONARY HISTORY. 63 

tionary War. It appointed Washington as com¬ 
mander-in-chief of the army of the United Colo¬ 
nies; it adopted the Declaration of Independence; 
it assumed the power to carry forward all neces¬ 
sary measures for the defence of the country; it 
created a continental currency; it issued bills of 
credit; it established a treasury department and 
a general system of post-offices. It recommended 
that the several colonies should establish for them¬ 
selves such forms of government as promised best 
to secure good order during the continuance of 
the controversy with Great Britain. 

Articles of Confederation. — No sooner had 
independence been determined upon than it be¬ 
came obvious that the states would need some 
written articles which should bind them together 
and give proper authority to the Congress. A 
committee was therefore appointed to prepare 
“ Articles of Confederation.” These Articles were 
agreed upon by Congress on the 15th of Novem¬ 
ber, 1777. They were to go into operation when 
ratified by all the states. Eleven states ratified 
them in the year 1778, Delaware in 1779, and 
Maryland March i, 1781, at which time they went 
into effect. But this was nearly five years after 
the Declaration of Independence. During all 
this time the Continental Congress constituted 
the national government, and had made the treaty 


64 REVOLUTIONARY HISTORY. 

between the United States and France. The 
Articles of Confederation made but little differ¬ 
ence in the management of affairs. The Conti¬ 
nental Congress went right on with its work in 
the same order as before, and about six months 
later the surrender of Cornwallis virtually closed 
the war. Prior to the adoption of these Articles 
the government had been revolutionary, the Con¬ 
gress governing by common consent of the peo¬ 
ple of the states. These Articles were the first 
attempt to draw the line between the powers of 
the national government and those to be exercised 
by the states severally. The tendency for state 
supremacy was strong. The colonies had been 
heretofore independent of each other, with only 
one common bond, — the common subjection to 
the mother country. It was the central govern¬ 
ment of Great Britain which had made arbitrary 
demands upon their rights and liberties. They 
were naturally timid of authority and fearful of 
centralized power. The Articles were therefore 
drawn up with the intention of leaving the largest 
possible powers with the several states, .and of 
giving to the National Congress just as little 
power and authority as possible. They were “ as 
erroneous in theory as they were inefficient in 
practice.” The object aimed at by them was to 
confederate the several states together for general 


REVOLUTIONARY HISTORY. 65 

purposes of mutual assistance, especially in mat¬ 
ters of protection against foreign foes. 

Plan of the Confederation. — The Articles 
provided for one house of Congress composed of 
delegates from the several states. Each state was 
to pay its own delegates, and the voting on all 
questions was to be by states. 

Matters of war and peace, treaties and alliances, 
were left with the Congress. This body could 
decide disputes between states, had charge of all 
postal matters, and power to regulate the value 
of money; but an affirmative vote of two-thirds of 
all the states was necessary for any important 
action to be taken. There was no executive de¬ 
partment and no judiciary. Congress could ap¬ 
portion taxes among the states, but had no power 
to collect them. Each state could lay duties and 
imposts. Congress had not even power to en¬ 
force its own laws. It could borrow money, but 
could make no provision for its payment. It 
could appoint ambassadors, but could not defray 
the necessary expenses. It could declare war, 
but could not raise a single soldier. “ In short, 
it could declare everything, but do nothing.” 
The Congress ratified the treaty of peace be¬ 
tween the United States and Great Britain, but 
this treaty was violated by the states, and Con¬ 
gress was powerless to prevent such violations. 


66 


REVOLUTIONARY HISTORY. 


The Confederation was merely a league between 
the states, embodying the greatest weakness when 
considered as a national government. Wash¬ 
ington at an early day saw the difficulty and 
danger, and that a new constitution was the great 
problem of the time. Alexander Hamilton, one 
of the ablest statesmen of that day, as early as 
1780 sketched the outline of a system of govern¬ 
ment which he thought to be necessary, and 
which embodied most of the essential features of 
our present constitution. 

Federal Convention. — It had become entirely 
evident both to Congress and the people that the 
Confederation as a government was a failure. 
The states were issuing more and more paper 
money. Congress repudiated the national debt, 
and the states repudiated their debts. The coun¬ 
try was rapidly becoming bankrupt. There were 
but few manufacturing establishments in Amer¬ 
ica, and the coin of the country was constantly 
transferred to England in payment for vast quan¬ 
tities of manufactured goods sent over from that 
country to this. The several states were stripped 
of money. The credit of the states and of the 
Congress was gone, and the absolute collapse of 
the United States government was imminent. 

Washington wrote to a member of Congress, 
“You talk, my good sir, of employing influence 


REVOLUTIONARY HISTORY. 6/ 

to appease the present tumults in Massachusetts. 
Influence is not government. Let us have a gov¬ 
ernment by which our lives, liberties, and proper¬ 
ties will be secure, or let us know the worst at 
once.” 

Delegates from five states met in January, 1786, 
at Annapolis, Maryland, with reference to a uni¬ 
form system of commercial regulations. They 
reported to Congress their unanimous conviction 
that a general convention of delegates from the 
several states should be called to take such action 
as would render “ the Constitution of the Federal 
Government adequate to the exigencies of the 
Union.” On the 21st of February, 1787, Congress 
adopted the following resolution : — 

“ Resolved, That, in the opinion of Congress, 
it is expedient that, on the second Monday in 
May next, a convention of delegates, who shall 
have been appointed by the several States, be 
held at Philadelphia, for the sole and express pur 
pose of revising the Articles of Confederation, 
and reporting to Congress and the several legis¬ 
latures such alterations and provisions therein as 
shall, when agreed to in Congress and confirmed 
by the States, render the Federal Constitution 
adequate to the exigencies of government and 
the preservation of the Union.” 

Delegates from all the states except Rhode 


68 


REVOLUTIONARY HISTORY. 


Island met at Philadelphia, Monday, May 14th, 
1787. On the 25th, George Washington was 
unanimously elected President of the Convention. 
This Convention was without doubt the most 
celebrated gathering of able men ever seen in 
America. 

Among the thirty-nine members of the Con¬ 
vention who subscribed their names to the Con¬ 
stitution, five, viz., Sherman, Franklin, Robert 
Morris, Read, and Washington, were signers of 
the Declaration of Independence; Washington 
and Madison were afterwards Presidents ; Rut¬ 
ledge and Ellsworth became Chief Justices; 
Gerry was Vice-President, and Hamilton, Secre¬ 
tary of the Treasury; Livingston had been eleven 
times elected governor of his state ; Wilson was 
famed in four universities and was esteemed the 
greatest constitutional lawyer of the Convention ; 
and Dr. Franklin, then more than eighty years of 
age and very near the grave, rounded out his full 
life as a philosopher, statesman, diplomatist, by 
giving to his country at this her most critical 
period the great benefit of his own political expe¬ 
rience. All of these men had been “ identified 
with the heroic and wise councils of the Revo¬ 
lution.” 

The Convention had been called “for the sole 
and express purpose of revising the Articles of 


REVOLUTIONARY HISTORY. 69 

Confederation.” It soon, however, became evi¬ 
dent that the only way of rendering this instru¬ 
ment “ adequate to the exigencies of government 
and the preservation of the Union ” was to throw 
it entirely away and frame a completely new docu¬ 
ment. At the very beginning of their discus¬ 
sions great differences of opinion were manifest. 
The members were generally divided into two 
classes, one favoring a strong national govern¬ 
ment, and the other opposed to anything which 
would tend to weaken state sovereignty or impair 
in any degree what they considered as state rights. 
Here then was the origin of the two great polit¬ 
ical parties, which have divided the American 
people from that day to this, — the states rights 
party and the national or federal party. 

But there were other questions of no small dif¬ 
ficulty which they were also obliged to meet at 
the outset: such as the diverse interests and jeal¬ 
ousies of large and small states, of free and slave 
states, of states agricultural and commercial; and 
should the states have equal power in the national 
government, or should that power be proportional 
to the population of the several states. 

Washington almost despaired, Franklin was 
seriously alarmed; but influenced by a spirit of 
mutual forbearance and concessions, various com¬ 
promises were proposed and agreed to concerning 


70 


REVOLUTIONARY HISTORY. 


slavery, and especially in providing for an equal¬ 
ity of the states in the Senate, and representation 
by population in the House. The present Con¬ 
stitution of the United States was agreed to by 
the convention, and received the signatures of 
members from all the participating states. This 
result was reached only by the most consummate 
wisdom, the most lofty patriotism, and such a 
degree of skill and ability as has seldom, if ever, 
elsewhere been witnessed in any assemblage of 
men. Washington said, “ It appears to me little 
short of a miracle.” 

The Constitution was finally agreed to by all 
the states present on the 15th of September, 1787. 
This was on Saturday. On the following Mon¬ 
day it was signed by the members, and submitted 
to the Congress. The votes throughout the whole 
time of the Convention had been by states, as in 
the Continental Congress. The Congress trans¬ 
mitted the new Constitution to each state, recom¬ 
mending its ratification. Although the Articles 
of Confederation provided that no change should 
be made in them except by a vote of every state, 
yet the Constitution provided that the new gov¬ 
ernment should go into effect when ratified by 
conventions of the people of nine states. 

For a long time it was uncertain whether the 
Constitution would be adopted or rejected. Most 


REVOLUrrONARY HISTORY. 


7 


of the smaller states were in its favor. Its adop¬ 
tion was closely contested in New York, Massa¬ 
chusetts, and Virginia. In a little less than one 
year from its adoption by the Convention, it had 
been ratified by eleven of the states. Congress 
then took measures to put the new government 
into operation. Elections of presidential electors, 
and of senators and representatives in Congress, 
were held in January, 1789. The presidential 
electors voted for President on the first Wednes¬ 
day of February; and the first Wednesday of 
March was decided upon by Congress as the 
time when the new Constitution should go into 
effect. 

George Washington was unanimously elected 
President, and John Adams was elected Vice- 
President. On the 4th of March the senators 
and representatives assembled in New York, the 
new Constitution went into legal operation, and 
proceedings were commenced under it. It was 
not, however, until the first day of April that a 
quorum of members in both houses was obtained, 
and on that day Congress began the transaction 
of business. Washington took the oath of office, 
and delivered his inaugural address, on Thurs¬ 
day, April 30th. On May ist John Adams took 
his seat as president of the Senate. North Caro¬ 
lina ratified the Constitution in November, 1789; 
and Rhode Island, in May, 1790. 


72 


REVOLUTIOlsrARY HISTORY. 


Dates of Ratification. — The following are the 
dates of the ratification of the Constitution by 
each of the thirteen original states: 

(1) Delaware, Dec. 7, 1787. 

(2) Pennsylvania, Dec. 12, 1787. 

(3) New Jersey, Dec. 18, 1787. 

(4) Georgia, Jan. 2, 1788. 

(5) Connecticut, Jan. 9, 1788. 

(6) Massachusetts, Feb. 6, 1788. 

(7) Maryland, April 28, 1788. 

(8) South Carolina, May 23, 1788. 

(9) New Hampshire, June 21, 1788. 

(10) Virginia, June 26, 1788. 

(11) New York, July 26, 1788. 

(12) North Carolina, Nov. 21, 1789. 

(13) Rhode Island, May 29, 1790. 

Thus was put into operation the Constitution 
of the United States of America, which Glad¬ 
stone, who is considered by many the greatest 
statesman of this age, has pronounced to be “the 
most wonderful work ever struck off at a given 
time by the brain and purpose of man.” 

It may truly be said that it embodies profound 
political wisdom and far-reaching statesmanship, 
while it jealously guards the rights of the people, 
providing various checks and safeguards against 
unjust, unwise, or dangerous legislation; and yet 
“ in its words it is plain and intelligible, and is 


REVOLUTIOMARY HISTORY. 


73 


meant for the homebred, unsophisticated under¬ 
standings of our fellow-citizens.” 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to r all what has been learned and to suggest further 
thought, reading, and study. 

1. What was the “ Contest of the Kings ”? 

2. Where was the first permanent Spanish settlement in 
the United States ? 

3. Where the first permanent English settlement? 

4. Draw a map of North America, showing Spanish, 
French, and English control at the middle of the eighteenth 
century. 

5. Draw a map showing the English and Spanish territory 
after 1763. 

6. Describe the battle of Quebec. 

7. What was the ‘^Supreme Moment in American History,” 
and why so called ? 

8. First Continental Congress. 

9. What important rule did it adopt? 

10. When did the Second Continental Congress convene? 

11. Name the essential points of weakness in the Articles of 
Confederation. 

12. Describe the Federal Convention. 

13. When did the Convention submit the Constitution to 
Congress? 

14. When did the Constitution go into effect? 



BLACKBOARD OUTLINE. 


THE LEGISLATIVE DEPARTMENT.-THE CONGRESS. 


THE HOUSE OF REPRESENTATIVES. 

The Number of Representatives’.: Territorial Delegates. 
Qualifications. Officers. 

Impeachments. 

THE SENATE. 

Senators, how chosen. Presiding Officer. 

Qualifications. Officers of the Senate. 

The Trial of Impeachments. 

PROVISIONS RELATING TO BOTH HOUSES. 

Sessions of Congress. 

Salaries of Senators and Representatives; 


THE POWERS OF CONGRESS. 


Duties on Imports. 

Naturalization. 

Bankruptcies. 


Coin Money. 

Weights and Measures. 
The “Sweeping Clause.” 


RESTRICTIONS UPON THE NATIONAL GOVERNMENT. 


74 




PART SECOND. 


THE NATIONAL GOVERNMENT. 


CHAPTER I. 

THE LEGISLATIVE DEPARTMENT. 

Section I.— The Congress. 

The Preamble. — The purpose of the Consti¬ 
tution of the United States is fully stated in the 
preamble. It is as follows: — 

1. To form a more perfect union. 

2. To establish justice. 

3. To insure domestic tranquillity. 

4. To provide for the common defence. 

5. To promote the general welfare. 

6. To secure the blessings of liberty to ourselves 

and our posterity. 

The National Element of Slow Growth.— 

The beginning of the nation was July 4th, 1776. 
During the Revolution and under the Articles 
of Confederation, great diversities prevailed among 
the people as to the proper limits of state rights 
and the proper extent of the Federal power. 
The weakness of the Articles of Confederation 


75 


76 THE LEGISLATIVE DEPARTMENT. 

rendered it very clear that the national govern¬ 
ment must have conferred upon it more extended 
powers. The Constitution was a compromise in 
many respects between divergent parties, but on 
the question of national supremacy there was no 
compromise. The Articles of Confederation con¬ 
stituted an agreement or bond between the several 
states which were specified by name. The Con¬ 
stitution, on the other hand, was not a league of 
states, but a fundamental law adopted by the 
people of the whole country. Its first sentence, 
called the preamble, is especially significant: — 

“We, the people of the United States, in order to form 
a more perfect union, establish justice, insure do¬ 
mestic tranquillity, provide for the common defence, 
promote the general welfare, and secure the bless¬ 
ings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United 
States of America.” 


Section II. —The House of Representatives. 

By the Constitution all legislative powers for 
the national government are vested in a Congress 
of the United States, which consists of two 
houses, the Senate and the House of Representa¬ 
tives. As has already been stated, the people 
were influenced largely in organizing their new 
government by the plans and methods which they 



L 


THE HALL OF THE HOUSE OF REPRESENTATIVES, WASHINGTON 
























































THE llEGISLATIVE DEPARTMENT. 7/ 

had been familiar with in the mother country. 
Hence it was simply natural that following the 
example of the British Parliament, which con¬ 
sisted of the House of Lords and the House of 
Commons, two separate houses should here be 
provided for. 

During the revolutionary government and 
under the Articles of Confederation, the Conti¬ 
nental Congress had consisted of but one house. 
The states, however, in forming constitutions for 
themselves had, without exception, introduced 
the plan of two houses. 

The House of Representatives. — 

*^The House of Representatives shall be composed of 
members chosen every second year by the people 
of the several states.” 

Under the Confederation the members of Con¬ 
gress were chosen annually, and in such manner 
as the legislature of each state should authorize. 
The Constitution provides that representatives 
shall serve for two years, and that they shall be 
elected by “ the people.” Each state prescribes by 
law how the members of the state legislature shall 
be elected, and who shall have power to vote for 
such members. The Constitution prescribes that 
any one who can vote for a member of the House 
of Representatives in that state, can vote for a 
member of the National House of Representatives, 


78 THE LEGISLATIVE DEPARTMENT 

Qualifications. — Three qualifications, and only 
three, are required for a representative in Congress. 

1. He must be at least twenty-five years of age. 

2. He must have been seven years a citizen of the 

United States. 

3. He must, when elected, be an inhabitant of that 

state in which he shall be chosen. 

The Number of Representatives. — Every ten 
years after the census returns have been made. 
Congress provides by law for the number of 
representatives for the next ten years which each 
state shall be entitled to. It first determines how 
many members there shall be in the House, and 
it then apportions these members according to 
the population of the several states. The number 
of representatives for the different decades and 
the number of inhabitants for one representative 
during the last one hundred years have been as 
follows: — 


Period. 

No. of 

Ratio of 

Members. 

Population. 

1789-1793 

65 

— 

1793-1803 

105 

33,000 

1803-1813 

141 

33,000 

1813-1823 

181 

35^000 

1823-1833 

212 

40,000 

1833-1843 

240 

47,700 

1843-1853 

223 

70,680 

1853-1863 

234 

93.500 

1863-1873 

241 

127,941 

1873-1883 

292 

130,533 

1883-1893 

325 


1893-1903 

356 

173,902 


THE LEGISLATIVE DEPARTMENT 79 

Sometimes the actual number of representa¬ 
tives has been greater than the number here given 
on account of the admission of new states. By 
the above table, it will be observed that at the 
present time the required number of inhabitants 
for one representative is 173,902, but every small 
state is entitled to one representative even if its 
population is less than the above number. 

Territorial Delegates. — Each organized ter¬ 
ritory is allowed by law of Congress to send one 
delegate to the House. He may participate in 
the discussions, but he is not allowed to vote. 

In the fifty-first Congress (1890), Washington, 
Montana, Dakota, Idaho, and Wyoming having 
been admitted as states, and Oklahoma organized 
as a territory, there were four territorial dele¬ 
gates. 

Officers. — 

“The House of Representatives shall choose their 
Speaker and other officers.” 

The Speaker is the presiding officer of the 
House. The Speaker is chosen from the mem¬ 
bers of the House and can vote on every question 
like any other member. The other officers of the 
House are: — 

1. Clerk. 3 - Door-keeper. 

2. Sergeant-at-arms. 4. Postmaster. 

5. Chaplain. 


8o 


THE LEGISLATIVE DEPARTMENT. 


At the organization of each new Congress, the 
clerk of the preceding House presides till a 
Speaker is chosen. 

Impeachment. — The House of Representa¬ 
tives has the sole power to impeach civil officers 
of the United States. When an officer is im¬ 
peached, the House brings impeachment, specify¬ 
ing the charges against him, before the Senate. 
The method of impeachment is as follows: the 
House appoints a committee to inquire into the 
conduct of the officer who has been charged with 
improper acts. If this committee reports in favor 
of impeachment, the House votes upon the ques¬ 
tion. If the majority vote that the officer shall 
be impeached, articles are prepared specifying the 
charges, and action is taken upon each article. 
Then a committee is appointed to conduct the 
prosecution before the Senate. It is noticeable 
that but few officers have ever been subject to im¬ 
peachment. Indeed, in one hundred years but 
seven cases of impeachment have occurred. They 
are as follows: — 

1. William Blount, Senator. 1799. Acquitted. 

2. John Pickering, Judge. 1803. Convicted and 

removed from office. 

3. Samuel Chase, Judge. 1804. Acquitted. 

4. James H. Peck, Judge. 1830. Acquitted. 

5. West H. Humphreys, Judge. 1862. Convicted 


THE LEGISLATIVE DEPARTMENT. 


and disqualified from holding any office of 
honor, trust, or profit under the United States. 

6. Andrew Johnson, President. 1868. Acquitted. 

7. W. W. Belknap, Secretary of War. 1876. Ac¬ 

quitted. 

Thus it will be seen that of these seven cases 
of impeachment there have been only two con¬ 
victions, one of whom was simply removed from 
office, and the other was disqualified from holding 
office. 


Section III. —The Senate. 

The Senate consists of two members from each 
state. The peculiar composition of the Senate 
was occasioned by the natural jealousy which ex¬ 
isted between the states. It has already been 
seen that the several colonies became states, pre¬ 
serving their original boundaries. During the 
entire time of the Continental Congress all votes 
were taken by states, each state having but one 
vote. When the convention was framing the 
Constitution, the jealousy between the small 
states and the larger was strongly apparent. The 
larger states very naturally felt that they should 
have a stronger voice in legislative matters than 
the smaller states. On the other hand, the 
smaller states were unwilling to yield the equal 
power which had hitherto been accorded to them. 


82 THE LEGISLATIVE DEPARTMENT. 

A compromise was effected by which the House 
of Representatives should be constituted upon a 
basis of population, and in the Senate the equality 
of the states should be retained. The Constitu¬ 
tion provides that, — 

“The Senate of the United States shall be composed 
of two senators from each state, chosen by the leg¬ 
islature thereto for six years; and each senator 
shall have one vote.” 

This clause contains four distinct provisions: — 

1. There shall be two senators from each state. 

2. They shall be chosen by the legislature of the 

state. 

3. They shall be chosen for the term of six years 

4. Each senator shall have one vote. 

Senators: how chosen. — In regard to the 
mode in which the legislatures are to choose the 
senators, the Constitution is silent. 

By an act of Congress passed July 25, 1866, it 
is provided that when the legislature of any state 
is to elect a senator in Congress, it shall proceed 
to the election of such senator on the second 
Tuesday after the organization of the legislature, 
and the election shall be conducted as follows : — 

Each house shall, by a viva voce vote, name a 
person for senator, and the name of the person 
who receives a majority vote shall be entered in 



THE SENATE CHAMBER, WASHINGTON. 

























































































































































THE LEGISLATIVE DEPARTMENT. 83 

the journal of the house. If the house fails to 
give such a majority to any person, that fact shall 
be entered on the journal. On the next day at 
twelve o’clock the members of the two houses 
shall convene in joint assembly, and the journal 
of each house shall be read, and if the same per¬ 
son has received a majority of all the votes in 
each house, he shall be declared fully elected 
senator. If no one has such a majority, the joint 
assembly shall choose, by a voce vote of each 
member present, a person for senator. The per¬ 
son having a majority of all the votes of the joint 
assembly shall be declared elected. • If there is 
no election that day, the joint assembly shall 
meet at twelve o’clock on each succeeding day, 
and shall take at least one vote each day until 
a senator is elected. 

The senators are divided into three classes, 
and, as they are chosen for six years, one-third 
of the whole number is chosen every second 
year. The representatives are chosen for two 
years, which is the length of time covered by one 
Congress. Whenever a new Congress convenes, 
one-third of the senators are either new members, 
or have been re-elected for a new term. It will 
be observed, that as one-third of the senators go 
out of office every two years, the Senate is a 
continuous body; while the members of the 


84 


THE LEGISLATIVE DEPARTMENT. 


House are all swept off at once, and a new elec¬ 
tion brings in a new House every second year. 

Qualifications. — The qualifications of the 
senator are three : — 

1. He must be at least thirty years of age. 

2. He must have been nine years a citizen of the 

United States. 

3. He must, when elected, be an inhabitant of the 

state in which he is chosen. 

Presiding Officer. — It will be seen farther on, 
that the executive officer of the United States is 
the President. The Vice-President is chosen for 
the purpose of taking the place of the President 
when a vacancy in that office occurs; but unless 
some other duties were placed upon him, the 
Vice-President would have nothing to do so long 
as the President held his office; hence the con¬ 
vention determined to make him presiding officer 
of the Senate, which is done in the following 
clause: — 

“The Vice-President of the United States shall be 
president of the Senate, but shall have no vote 
unless they be equally divided.” 

The speaker of the House is a member of the 
House; but as the equality of the states is pre¬ 
served in the Senate, it would seem best to select 
the presiding officer from outside that body. 


THE LEG/SLAT/VE DEPARTMENT. 85 

The Vice-President would be likely to be less 
partial as a presiding officer than a senator would' 
be, since he is elected by the whole country and 
not by a single state. 

Officers of the Senate. — The Senate shall 
choose their officers, and also a President pro 
tempore, in the absence of the Vice-President, or 
when he shall exercise the office of President of 
the United States. The officers of the Senate 
are: — 


1. The Secretary. 4. Sergeant-at-arms. 

2. Chief Clerk. 5. Door-keeper. 

3. Executive Clerk. 6. Chaplain. 

The Trial of Impeachments. — When the 
Senate is to try an impeachment, it sits as a 
court, and every senator must be on oath or 
affirmation. 

“ When the President of the United States is tried the 
chief-justice shall preside, and no person shall be 
convicted without the concurrence of two-thirds of 
the members present. 

‘‘Ji-^dgment in cases of impeachment shall not extend 
further than to removal from office, and disqualifi¬ 
cation to hold and enjoy any office of honor, trust, 
or profit under the United States ; but the party 
convicted shall nevertheless be liable and subject 
to indictment, trial, judgment, and punishment, ac¬ 
cording to law.” 


86 


THE LEGISLATIVE DEPARTMENT. 


Section IV. — Provisions relating to Both 
Houses of Congress. 

Sessions of Congress. — 

“The Congress shall assemble at least once in every 
year and such meeting shall be on the first Monday 
in December, unless they shall by law appoint a 
different day.” 

Although the new Congress comes into exist¬ 
ence on the fourth of March in each odd year, 
yet the first regular session will begin on the first 
Monday of December following. This first ses¬ 
sion may hold through an entire year, but if the 
business be completed Congress may adjourn at 
any time during the year. The second regular 
session begins on the first Monday of December 
following, and must close by the fourth of the 
next March, at which time the new Congress 
comes into existence. 

“Each house is the judge of the elections, •returns and 
qualifications of its own members, and a majority of 
each shall constitute a quorum to do business.” 

Each house also determines,— 

“The rules of its proceedings, punishes its members for 
disorderly behavior and with the concurrence of 
two-thirds may expel a member.” 


THE LEGISLATIVE DEPARTMENT. 8/ 

Salary of Senators and Representatives. — 

The senators and representatives are paid out of. 
the treasury of the United States. Congress has, 
from time to time, increased the compensation of 
its members from six dollars a day in the House, 
and seven dollars a day in the Senate, until, by 
a law passed in 1874, the compensation of each 
representative and each senator was fixed at five 
thousand dollars per annum. The pay of the 
Speaker of the House and of the Vice-President, 
or if there is none, the President of the Senate 
pro tempore, is eight thousand dollars per annum. 
In addition to his salary every member of either 
house is allowed mileage, in coming and going 
between his home and Congress, twenty cents 
per mile for every mile of travel by the usual 
route. 

“ All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose 
or concur with amendments as on other bills.” 

This clause is adopted from the custom of the 
British Parliament. There, revenue bills must 
originate in the House of Commons. There is 
very little necessity in our present circumstances 
for this restriction. Raising revenue is under¬ 
stood to be confined to levying taxes. It is the 
custom for the Senate to originate bills which 


88 


THE LEGISLATIVE DEPARTMENT. 


imply the raising of money, or which will require 
the raising of money, as for example, bills to estab¬ 
lish post-offices, the mint, to regulate the sale of 
public land, etc. 

Section V.—The Powers of Congress. 

We come now to the consideration of the 
powers vested by the Constitution in the Con¬ 
gress. It should be remembered that when the 
Constitution was framed, the controversy was 
sharp and spirited between those who favored be¬ 
stowing large powers upon the national govern¬ 
ment, and those who, fearing that evils would 
result from such a course, were strenuous in their 
belief that large powers should be retained by the 
governments and the people of the several states. 
In consequence of this controversy, the Constitu¬ 
tion defines somewhat minutely special subjects 
upon which Congress shall have power to legis¬ 
late. It does not, however, contain an exhaustive 
enumeration of the powers of Congress, and does 
not mean that Congress shall not legislate on 
any subjects not here enumerated. This is evi¬ 
dent from the fact that power is given to Con¬ 
gress 

“To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers 
and all other powers vested by this Constitution in 


THE LEGISLATIVE DEPARTMENT 


the government of the United States, or in any de¬ 
partment, or officer thereof.” 

Elsewhere, the Constitution requires of Congress 
the exercise of powers not particularly mentioned; 
and in different places it implies that Congress 
must do certain things, which are not expressly 
provided for in the section specifying its particu¬ 
lar powers. 

The Constitution expressly enumerates the fol¬ 
lowing powers: — 

The Congress has power 

“To lay and collect taxes, duties, imposts, and excises 
to pay the debts and provide for the common de¬ 
fence and general welfare of the United States; 
but all duties, imposts, and excises shall be uniform 
throughout the United States.” 

This gives to Congress the power to levy taxes 
for three purposes: — 

1. To pay the public debt. 

2. To provide for the common defence. 

3. To provide for the general welfare. 

The general government may levy a tax in 
three ways : — 

1. A direct tax upon persons, which may be either 
a poll tax or a property tax. 

2. An indirect tax upon goods imported into the 
country from abroad. 


90 


THE LEGISLATIVE DEPARTMENT. 


3. An indirect tax upon goods manufactured and 
used here. 

Previous to the civil war a direct tax had been 
laid but four times — in 1798, 1813, 1815, 1816. 
These taxes were levied upon lands, houses, and 
slaves. To pay the debt incurred in the civil 
war, direct taxes were again levied in 1861 and 
subsequently. 

Duties on Imports. — This government, during 
most of its existence, has been committed to the 
policy of laying duties on goods manufactured 
abroad and imported into this country. These 
duties on imports are of two kinds: — 

I. Specific duties. 2. Ad valorem duties. 

A specific duty is a tax levied on goods by 
weight, measure, or bulk; as, for example, a duty 
of fifty cents a yard on broadcloth, one dollar a 
ton on iron, or twenty cents a gallon on molasses. 

An ad valorem duty is levied according to the 
value or cost of the goods, as, ten per cent on 
iron, fifty per cent on the cost of brandy. These 
duties are collected under the direction of the 
treasury department. 

Naturalization. — Another power committed 
to Congress is, “to establish a uniform rule of 
naturalization.” 


THE LEGTSLATIVE DEPARTMENT. 91 

Naturalization is an act by which a foreigner, 
called an alien, becomes a citizen of the United 
States. Under the confederation, each state 
passed laws naturalizing aliens. 

It is to be noticed that there has been a con¬ 
stant growth of national power. At first the 
several states were unwilling to give up their 
power to the federal government. Through the 
whole history of the nation, the dividing line 
between political parties has been upon this prin¬ 
ciple. One party has favored large state rights, 
and a minimum national power. The other party 
has advocated a strong national power. Here is 
an illustration: The laws upon the subject of 
naturalization, and the qualifications requisite in 
the different states were so various, that confusion 
and controversy resulted. To remedy these evils 
the Constitution gives Congress full power over 
the subject of naturalization, so that the laws 
shall be uniform throughout all the states. An 
alien coming to this country from a foreign land 
must make application for citizenship; this is 
called his “ declaration of intention.” This decla¬ 
ration must be made at least two years before he 
can receive his naturalization papers. In this 
declaration he must declare on oath or affirma¬ 
tion that it is his intention to become a citizen of 
the United States, and to renounce all allegiance 


92 THE LEGISLATIVE DEPARTMENT. 

to the government of which he is at the time or 
has been a subject. 

Before he can receive his naturalization papers 
he must have resided in this country at least five 
years. There is one exception to this law. By 
an act passed in 1862, a soldier of the age of 
twenty-one years and upward, regularly discharged 
from the army of the United States, may be ad¬ 
mitted to citizenship without a previous declara¬ 
tion of intention and with a single year’s residence. 
The children of a naturalized foreigner, who are 
under twenty-one years of age, residing in this 
country at the time the father received his 
naturalization papers, are considered citizens. 
The children of a citizen, who are born abroad, 
are citizens of the United States. 

When foreign territory has been incorporated 
into the Union, by treaty or otherwise. Congress 
has exercised the power of granting naturalization 
without previous residence. When territory is 
annexed to this country, the President and Senate 
have naturalized the inhabitants of such territory 
€71 masse. 

Bankruptcies. — The Congress also has power 
to make “ uniform laws on the subject of bank¬ 
ruptcies throughout the United States.” 

In England, the term bankrupt is generally 
limited to traders who fail to pay their debts. 


THE LEGISLATIVE DEPARTMENT. 93 

while the word insolvent was applied to those not 
paying their debts who were not engaged in trade. 
The general usage, however, in the United States, 
has been to make the words bankrupt and insol¬ 
vent synonymous. In reality, a person is insolvent 
when he cannot pay his debts. He becomes a 
bankrupt by legal proceedings under a bankrupt 
law. Congress has exercised this power to pass 
uniform laws on bankruptcies at three different 
times. The first bankrupt law was passed in 
1800, and repealed three years later. The second 
was passed in 1841, and repealed within two 
years. The third was in effect from 1867 to 
1878. No national bankrupt laws are in force 
now. It is held that if Congress does not exer¬ 
cise its power to pass a bankrupt law, the several 
states can do so. The state laws are usually 
termed insolvent laws. 

'Coin Money. — The Congress has power,— 

“To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures.” 

An Act of Congress passed in 1873 provided 
for the following coins : — 

I. Gold: The dollar piece; the two-dollar-and-a-half 
piece, or quarter-eagle ; the three-dollar piece ; the five- 
dollar piece, or half-eagle ; the ten-dollar piece, or eagle ; 
and the twenty-dollar piece, or double-eagle. 


94 the legislative department. 

2. Silver: The dollar, half-dollar, quarter-dollar, and 
dime. 

3. The “ minor coins ” are the five-cent piece and 
three-cent piece and one-cent piece. Two-cent pieces 
ire not now coined. 

Weights and Measures. — This clause gives 
to Congress power “to fix the standard of 
weights and measures.” It is proper that the 
standard of weights and measures should be con¬ 
nected with money. The price or value of any 
commodity is fixed in money terms; but this 
commodity is either weighed or measured, and, 
therefore, the power which coins the money 
should fix the standard of weights and measures. 
Our weights and our measures have come to us 
through the ancient usages of Great Britain. It 
appears strange that the world should not have 
earlier established a uniform system. That twelve 
inches should make a foot, and three feet a yard, 
and that five and a half of this denomination 
should make a rod, and that forty of this is called 
a furlong, and that eight furlongs are a mile, is 
not complimentary to the civilization of our 
ancestors. 

We made a great gain when this government 
established our coins on the decimal system: ten 
cents make a dime, and ten dimes a dollar, and 
ten dollars an eagle. It will be a greater gain 


THE LEGISLATIVE DEPARTMENT. 


95 


when the metric system for all weights and meas¬ 
ures shall have come into universal use. The 
metric system has been legalized by an act of 
Congress ; but it is to be feared that the day is 
somewhat distant when it shall have come into 
general use in this country. 

Various Powers. — Congress has power, — 

*‘To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 
“To establish post-offices and post-roads.” 

Congress has power to grant copy rights to 
authors and patent rights to inventors. 

“To define and punish piracies and felonies committed 
on the high seas, and offences against the law of 
nations. 

“To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 
“To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than 
two years. 

“To make rules for the government and regulation of 
the land and naval forces.” 

‘‘The Sweeping Clause. —The final clause, 
enumerating the powers conferred by the Con¬ 
stitution upon Congress, reads as follows: — 

“To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers. 


96 THE LEGISLATIVE DEPARTMENT. 

and all other powers vested by this Constitution in 
the government of the United States, or in any de¬ 
partment or officer thereof.” 

This clause is what Patrick Henry called “ the 
sweeping clause,” by which, as he thought. Con¬ 
gress was to overthrow the states. Great op¬ 
position to this clause was manifested by the 
state-rights party during the time in which the 
Constitution was under discussion by the people 
and by state conventions prior to its adoption. 

Nothing is plainer than that the government 
has under this Constitution full national powers, 
and is limited only by the restrictions imposed by 
the Constitution itself. Judge Story says: “It 
would be almost impracticable, if it were not use¬ 
less, to enumerate the various instances in which 
Congress, in the progress of the government, has 
made use of incidental and implied means to ex¬ 
ecute its powers. They are almost infinitely 
varied in their ramifications and details.” 

Chief-]ustice Marshall says: “A power vested 
carries with it all those incidental powers which 
are necessary to its complete and efficient execu¬ 
tion.” 

This principle has been acted upon by the 
general government from 1789 to the present 
day. 


THE LEGISLATIVE DEPARTMENT. 


97 


Section VI. — Restrictions upon the National 
Government. 

The Constitution provides, that the slave trade 
could be prohibited by the Congress after the 
year 1808. At that time a law of Congress went 
into effect imposing heavy penalties upon persons 
engaged in the slave trade. In 1820 the slave 
trade was declared to be “ piracy,” to be punished 
with death. 

Since the late civil war, our nation has happily 
been freed from the incubus of human slavery. 

The Constitution expressly prohibits any ex 
post facto law and any bill of attainder. 

It is also provided that direct taxes levied by 
the national government shall be in proportion 
to the population, and that no title of nobility 
shall be granted by the United States, and also 
that “No money shall be drawn from the treasury 
but in consequence of appropriations made by 
law.” 


Restrictions upon the States. 

It may also be stated just here that the Consti¬ 
tution places the following restrictions upon the 
several states: — 

I. No state shall enter into any treaty, alliance, or 
confederation. 


98 


THE LEG/SLAT/EE DEPARTMENT. 


2. Grant letters of marque and reprisal. 

3. Coin money. 

4. Emit bills of credit. 

5. Make anything but gold and silver coin a tender 
in payment of debts. 

6. Pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts. 

7. Or grant any title of nobility. 

Note. — Who can Vote. On page 77 it is stated, “Each state 
prescribes by law how the members of the state legislature shall be 
elected, and who shall have power to vote for such members.” 

Every state, either by its Constitution or its statutes, prescribes 
the limit of suffrage. In general, this limit has heretofore been 
what is called “ manhood suffrage ”; i.e. every male citizen, twenty- 
one years old, not a pauper or an idiot, could vote. Within a few 
years many states have extended the privilege of suffrage to women. 
The state of Wyoming gives the same political rights to women as 
to men. In Kansas women have municipal suffrage, and also, in 
unincorporated towns, the right to vote on the question of liquor 
licenses. In twenty-three states women have the right (more or less 
restricted in some states) to hold office in connection with the man¬ 
agement of public schools. Twenty states have conferred upon 
woman power to vote for school officers. In fifteen of these states 
a woman can both vote upon school questions and hold office. 
These fifteen states are as follows: Colorado, Massachusetts, Michi¬ 
gan, Minnesota, New Hampshire, New Jersey, New York, North 
Dakota, South Dakota, Idaho, Montana, Vermont, Washington, 
Wisconsin, Wyoming. 

The additional states giving women the right to vote upon 
school questions are the following: Indiana, Kansas, Kentucky, 
Nebraska, Oregon. 

Those additional where women can hold office are the following: 
California, Connecticut, Illinois, Iowa, Louisiana, Maine, Pennsyl¬ 
vania, Rhode Island. 


THE LEGISLATIVE DEPARTMENT. 


99 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What are the purposes of the Constitution? 

2. Describe the growth of the national element. 

3. What advantages from having two houses of Congress? 

4. How are the representatives to Congress chosen? 

5. Qualifications. 

6. Number of representatives. 

7. Territorial delegates — how many? What for? 

8. Officers of the House — what are they and how chosen ? 

9. Who is liable to impeachment, and how is impeachment 
brought about? 

10. Senators — how chosen? 

IT. Qualifications of senators. 

12. Presiding officer in Senate and other officers. 

13. The trial of impeachments — how carried on? 

14. What is meant by a “ session ” of Congress? 

15. What is meant by a “ Congress ” ? 

16. Are the salaries of senators and members of Congress 
the same ? Why should they be ? 

17. Tell us all about “ national taxes.” 

18. Meaning of ad vaIore 7 fi and specific. 

19. Describe the process for becoming naturalized. 

20. Discriminate the meaning of the words “ bankrupt ” and 
“ insolvent.” 

21. What was Patrick Henry’s objection to the “sweeping 
clause ” ? 

22. Name some restrictions upon Congress. Where are they 
found in the Constitution ? Read in full the section. 

23. Name the restrictions here placed upon the several states. 
What section and article in the Constitution is this ? 


BLACKBOARD OUTLINE. 

THE EXECUTIVE DEPARTMENT. 


The President. 

1 The Vice-President. 

How Elected. 


PRESIDENTIAL ELECTORS. 


How many. 

How elected. 

When elected. 

Vote when. 

Votes counted when. 

President inaugurated when. 


President’s Qualifications. | Presidential Succession. 
President’s Duties. j Executive Departments. 


lOO 




CHAPTER II. 


THE EXECUTIVE DEPARTMENT. 

In the natural order of things, we have con¬ 
sidered, first the legislative department of our 
national government. We now proceed to exam¬ 
ine the second great department, the executive 
power. This is treated of under the second article 
of the Constitution which begins as follows: — 

“ The executive power shall be vested in a President of 
the United States of America. He shall hold his 
office during the term of four years, and, together 
with the Vice-President, chosen for the same term, 
be elected as follows : ” 

By this clause we observe that,— 

1. The executive power is vested in one person. 

2. He is elected for the term of four years. 

3. The Vice-President is elected for the same term. 

The following is the list of the Presidents, with 
their terms of office : — 

1. George Washington, two terms, 1789 to 1797. 

2. John Adams, one term, 1797 to 1801. 

3. Thomas Jefferson, two terms, 1801 to 1809. 

4. James Madison, two terms, 1809 to 1817. 

lOI 


102 


THE EXECUTIVE DEPARTMENT 


5. James Monroe, two terms, 1817 to 1825. 

6. John Quincy Adams, one term, 1825 to 1829. 

7. Andrew Jackson, two terms, 1829 to 1837. 

8. Martin Van Buren, one term, 1837 to 1841. 

9. William Henry Harrison, one month, 1841. 

10. John Tyler, three years and eleven months, 1841 

to- 1845. 

11. James K. Polk, one term, 1845 to 1849. 

12. Zachary Taylor, one year and four months, 1849 

to 1850. 

13. Millard Fillmore, two years and eight months, 

1850 to 1853. 

14. Franklin Pierce, one term, 1853 to 1857. 

15. James Buchanan, one term, 1857 to 1861. 

16. Abraham Lincoln, four years and one month, 

1861 to 1865. 

17. Andrew Johnson, three years and eleven months, 

1865 to 1869. 

18. Ulysses S. Grant, two terms, 1869 to 1877. 

19. Rutherford B. Hayes, one term, 1877 to 1881. 

20. James A. Garfield, four months, 1881. 

21. Chester A. Arthur, three years and eight months, 

1881 to 1885. 

22. Grover Cleveland, one term, from 1885 to 1889. 

23. Benjamin Harrison, from 1889 to — 

It will be seen by the above table that we have 
had twenty-two Presidents in one hundred years. 
Of these, seven have been elected for a second 
term. Four Vice-Presidents have succeeded to 
the presidency by the death of the President. 









































































































































































































































































































THE EXECUTIVE DEPARTMENT I03 

Presidential Electors. — The Constitution 
says that,— 

“ Each state shall appoint, in such manner as the legis¬ 
lature thereof may direct, a number of electors 
equal to the whole number of senators and repre¬ 
sentatives to which the state may be entitled in the 
Congress; but no senator or representative, or per¬ 
son holding an office of trust or profit under the 
United States, shall be appointed an elector.” 

The several points embodied in this clause are 
as follows : — 

1. The President is appointed by electors, and not 
by the immediate vote of the people. 

2. The number of electors in each state. 

3. Any person holding a. United States office is 
prohibited from being an elector. 

It was thought by the framers of the Constitu¬ 
tion, that, if the direct choice of the President 
was taken from the people, and placed in the 
hands of electors chosen by the people, who would 
unquestionably be selected from the ablest and 
most trustworthy men of the nation, a wiser 
choice of President would be insured than if the 
people of the whole country were to vote directly 
for this officer. It was evidently the thought of 
the framers of the Constitution, that, after the 
electors had been appointed, they should meet 
and discuss the question and then determine for 


104 the executive department. 

whom their votes should be cast The result, 
however, has proved that the election of Presi¬ 
dent is not left in the hands of the electors, but 
is, in reality, determined by the people when they 
elect the presidential electors. 

According to the custom which now prevails, 
the electors are practically pledged beforehand to 
vote for a certain candidate, who has been pre¬ 
viously nominated in a national convention of a 
political party. The electors therefore exercise 
no discretion in their vote. 

Number of Electors. — The number of elect¬ 
ors is determined by the Constitution. 

1. In the first place, each state is entitled to 
two electors corresponding to the equality of the 
states in the Senate. 

2. In addition to these two, the number of 
electors to which each state is entitled, is fixed 
in accordance with the population of the state. 
We have seen that Congress determines once in 
ten years the number of representatives to which 
each state is entitled in the Congress. Each 
state is then entitled to as many electors as it 
has representatives in Congress. The whole 
number of electors therefore for each state is 
equal to the whole number of representatives 
and senators which that state sends to the Con- 


THE EXECUTIVE DEPARTMENT. 105 

Time of choosing Electors. — The day for 

choosing the electors was fixed by an act of Con¬ 
gress, passed in 1845, as the Tuesday next after 
the first Monday in November. All the states 
choose their electors on the same day. The 
legislature of each state directs the manner in 
which these electors shall be elected. There 
have been heretofore four different modes of 
electing the electors: — 

1. By joint ballot of the state legislatures. 

2. By a concurrent vote of the two branches of the 
legislature. 

3. By the popular vote of the state on one joint ticket. 

4. By the people voting in districts. 

The method now adopted by all the states is 
that of the people of the whole state voting by 
general ticket. By this method the vote of no 
state is divided, but the entire state vote is 
counted for the electoral college as nominated by 
one party or another. 

Electors Vote. — In accordance with an act 
passed by Congress, February 3d, 1887, the elect¬ 
ors meet in their respective states on the second 
Monday in January, to give their votes for Presi¬ 
dent and Vice-President. 

The electors give separate votes for the Presi¬ 
dent and Vice-President by ballot. They then 
make three certificates of all the votes given. 


Io6 THE EXECUTIVE DEPARTMENT 

These certificates they must sign and seal, and 
certify on each certificate that there is contained 
within a list of the votes of the electors of such a 
state (naming it), for President and Vice-Presi¬ 
dent. One of these certificates is delivered to 
the judge of the United States District Court for 
that district in which the electors are assembled. 
A second certificate is forwarded forthwith, by 
mail, to Washington, directed to the President 
of the Senate. The electors appoint a person as 
special messenger to take the third certificate, 
carry it to Washington and deliver it to the 
President of the Senate. This special messenger 
is paid a sum fixed by law, on the mileage princi¬ 
ple. The three certificates of the election of 
these electors are transmitted with the certificates 
of their votes. 

Votes Counted. — The votes for President 
and Vice-President are counted on the second 
Wednesday of February in the hall of the House 
of Representatives in presence of both houses of 
Congress, the President of the Senate presiding. 
On that day the Senate marches in a body from 
the senate chamber to the other wing of the 
Capitol, and enters the hall of the House, the 
members of the House standing to receive them. 
All being seated, the President of the Senate 
opens the certificates in the presence of the two 


THE EXECUTIVE DEPARTMENT. lO/ 

houses, and hands them to the tellers, previously 
appointed by the two houses respectively, who 
count the votes, state by state, in alphabetical 
order, beginning with the letter A, and each vote, 
together with the aggregate vote, is declared by 
the presiding officer. This method gives dignity 
and insures fairness in the proceeding. 

Election by the House. — In case no person 
receives a majority of the votes cast by the elect¬ 
ors for President, the choice of a President is 
referred to the House of Representatives. The 
House must immediately proceed to the election 
of President, and the members are restricted in 
their votes to the three highest candidates in the 
vote by the electors. In thus voting for the 
President, the vote must be taken by states, the 
representatives from each state having one vote. 
The vote cannot be taken except a quorum shall 
be present, and this quorum is determined by the 
Constitution to be one or more representatives 
present from two-thirds of the states. It is pos¬ 
sible that the House might be so divided as to 
be unable to elect any one of these three highest 
candidates. The Constitution provides for this 
emergency. The House must continue voting 
until the fourth day of March, when the session 
and the Congress expires. In case they make no 
choice prior to that date, then the Constitution 


io8 


THE EXECUTIVE DEPARTMENT. 


provides, that “ The Vice-President shall act as 
President, as in the case of death, or other consti¬ 
tutional disability of the President.” 

Vice-President elected by the Senate. — If 

there is no election of Vice-President by the 
electors, the Senate, immediately after the vote has 
been counted, — that is, on the second Wednesday 
in February, — proceeds to choose a Vice-Presi¬ 
dent. There must be a quorum present for this 
purpose; and the Constitution fixes that quorum 
as two-thirds of the whole number of senators, 
and a majority of the whole number shall be 
necessary to a choice. The senators must choose 
the Vice-President from the two highest numbers 
on the list voted for by the electors. 

As the Vice-President may become President, 
the Constitution wisely provides that, — 

“No person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President 
of the United States.” 

Qualifications. — The qualifications for Presi¬ 
dent are as follows : — 

1. He must be a native-born citizen. 

2. He must have attained to the age of thirty-five 
years. 

3. He must have been for fourteen years a resident 
within the United States. 


THE EXECUTIVE DEPARTMENT. 109 

No other qualifications than these three are 
fixed by the Constitution. The qualifications for 
the Vice-President are the same as for the Presi¬ 
dent. 

Observe the qualifications requisite for repre¬ 
sentatives to Congress, for senators, and for the 
President and Vice-President. 

1. A representative must be twenty-five years of age ; 
a senator, thirty; and a President or Vice-President, 
thirty-five. 

2. A representative must have been a citizen of the 
United States seven years ; a senator, nine years ; and 
a President or Vice-President must be native born. 

3. A representative must be an inhabitant of the 
state for which he is chosen; a senator the same; and 
a President must have resided within the United 
States fourteen years. 

The Vice-President. — So long as the Presi¬ 
dent performs the duties of his office, the Vice- 
President has no connection with the executive 
department, but is merely President of the Senate. 
In the case of the removal, resignation, or inability 
of the President, the Vice-President becomes Pres¬ 
ident for the remainder of the presidential term. 

The Vice-President has filled the presidential 
chair in four instances : — 

I. After the death of President Harrison, Vice-Presi¬ 
dent John Tyler filled the office of President from 1841 
to 1845. 


I lO 


THE EXECUTIVE DEPARTMENT. 


2. On the death of President Taylor, Millard Fillmore 
was President from 1850 to 1853. 

3. Andrew Johnson, after the death of Abraham Lin¬ 
coln, was President from 1865 to 1869. 

4. Chester A. Arthur succeeded to the presidency on 
the death of President Garfield, and held that office 
from 1881 to 1885. 

No Vice-President who had become President 
has died during his term of office. Congress has, 
however, by a law passed January, 1886, provided 
that in case of the removal, death, resignation, 
or inability of both the President and Vice-Presi¬ 
dent of the United States, the Secretary of State, 
if there be one, shall become President, and hold 
the office during the remainder of the presidential 
term of four years; and in case there is no Sec¬ 
retary of State, or in case of his removal, death, 
resignation, or inability, then the Secretary of the 
Treasury, and next in order the Secretary of War, 
the Attorney-General, the Postmaster-General, the 
Secretary of the Navy, and the Secretary of the 
Interior. 

If either of the foregoing officers does not have 
the three qualifications requisite for a President, 
he is not eligible to fill the vacancy, and the next 
officer in order who is eligible would become 
President for the remainder of the the term. 


THE EXECUTIVE DEPARTMENT. Ill 

Salary. — The salary of the President was 
originally fixed at twenty-five thousand dollars a 
year. Since 1873 it has been fifty thousand dol¬ 
lars a year. The salary of the Vice-President is 
eight thousand dollars a year. 

The Powers of the President. — 

1. “The President shall be commander-in-chief of 
the army and navy of the United States and of the 
militia of the several states when called into actual 
service of the United States.” 

2. “He shall have power to grant reprieves and par¬ 
dons for offences against the United States, except in 
cases of impeachment.” 

3. He makes treaties with foreign nations with the 
advice and consent of the Senate. 

4. He appoints “ ambassadors, foreign ministers and 
consuls, judges of the Supreme Court, and all other 
officers of the United States whose appointments are 
not herein provided for, and which shall be established 
by law.” 

5. He has power to make temporary appointments 
of officers of the United States when vacancies happen 
during the recess of the Senate. 

Impeachment. —“The President, Vice-Presi¬ 
dent, and all civil officers of the United States 
shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high 
crimes and misdemeanors.” 


I 12 


THE EXECUTIVE DEPARTMENT. 


Executive Departments. — The executive bus¬ 
iness of the government is divided among eight 
executive departments as follows : — 

1. The Department of State. 

2. The Department of the Treasury. 

3. The Department of War. 

4. The Department of the Navy. 

5. The Department of the Post-Office. 

6. The Department of the Interior. 

7. The Department of Justice. 

8. The Department of Agriculture. 

The Constitution places the full executive 
power in the hands of one man, the President. 
It makes no provision for the Cabinet; but it 
gives the President authority to “ require the 
opinion in writing of the principal officer in each 
of the executive departments upon any subject 
relating to the duties of their respective offices.” 
This implies that executive departments will be 
established so that the various and multiform 
duties pertaining to the executive work of the 
national government may be efficiently and 
systematically performed. The eight depart¬ 
ments just mentioned have been established by 
Congress, and several of them have been sub¬ 
divided into bureaus. The heads of all these 
departments are appointed by the President, by 
and with the advice and consent of the Senate. 


THE EXECUTIVE DEPARTMENT. II3 

The salaries of these officers are eight thousand 
dollars each per annum. 

The Department of State. — Originally this 
was styled the Department of Foreign Affairs. 
The Secretary of State is generally considered 
the highest officer in rank of the executive de¬ 
partments under the President. It is his duty to 
keep the seal of the United States, and to affix it 
to all commissions granted by the President. He 
issues all proclamations in the name of the Presi¬ 
dent, and furnishes copies of papers and records 
of his office when required. 

He keeps the correspondence with foreign 
powers and preserves the original of all laws, 
public documents and treaties with foreign 
nations. It is his duty to conduct the corre¬ 
spondence with our ministers and consuls to other 
countries, with foreign ministers accredited to our 
government, and in general he has charge of mat¬ 
ters pertaining to our foreign relations. He issues 
passports to our citizens visiting foreign countries, 
and warrants for the extradition of criminals to be 
delivered up to foreign governments. 

The Department of State has a diplomatic 
bureau, a consular bureau and a domestic bureau. 

Public Ministers and Consuls. — All persons 
who are sent abroad to represent our government 
are connected with the Department of State. 


114 the executive department. 

The different ranks of our ministers are as 
follows: — 

1. Ambassadors. 

2. Envoys Extraordinary and Ministers Plenipoten¬ 
tiary. 

3. Ministers Resident. 

4. Charges (I' Ajfaires. 

5. Secretaries of Legation. 

The Ambassador and the Envoy Extraordi¬ 
nary, and Ministers Plenipotentiary have the 
same pay and appear to be of the same rank. 
'Strictly speaking, we never send ambassadors to 
foreign governments. The salaries of our foreign 
ministers range from ten thousand dollars to 
seventeen thousand five hundred dollars a year. 

Charges cCAffaires receive five thousand dollars 
each. The Secretary of Legation is the clerk to 
the Eoreign Embassy. Consuls are not diplo¬ 
matic agents of our government, but are com¬ 
mercial agents residing abroad, whose duty it is 
to watch over the interests of our commerce and 
of our citizens, in the ports of the different coun¬ 
tries. They are charged also with protecting the 
rights of our seamen. The salaries of Consuls- 
General and commercial agents range from one 
thousand dollars to six thousand dollars per 
annum. Many consuls are paid principally by 
fees. 



THE NEW STATE, WAR, AND NAVY BUILDING. 






















































































































































































































































































































































THE EXECUTIVE DEPARTMENT. I I 5 

The Treasury Department. — Of late years 
the importance of this department has gradually 
increased. During the Civil War the govern¬ 
ment issued bank bills, termed “ greenbacks,” 
and established a system of national banks, which 
have increased materially the number of officers 
and employees in this department. Under the 
Secretary of the Treasury are the following 
officers : — 

1. The Comptroller. 

2. Auditor. 

3. Treasurer. 

4. Register. 

5. Assistant Secretary. 

This department has charge of the revenue, 
superintends its collection, grants warrants for 
money to be issued from the treasury, in pursu¬ 
ance of appropriations made by law, and gener¬ 
ally performs all needful services relative to the 
finances of our country. In the Treasury Depart¬ 
ment are the following bureaus: — 

1. The Bureau of the First Comptroller. 

2. The Bureau of the Second Comptroller. 

3. The Bureau of the First Auditor. 

4. The Bureau of the Second Auditor. 

5. The Bureau of the Third Auditor. 

6. The Bureau of the Fourth Auditor. 

7. The Bureau of the Fifth Auditor. 

8. The Bureau of the Sixth Auditor. 


THE EXECUTIVE DEPARTMENT. 


116 


9. Treasurer. 

10. Register. 

11. Commissioner of Customs. 

12. Comptroller of Currency. 

13. Commissioner of Internal Revenue. 

14. Bureau of Statistics. 

15. The Mint. 

16. Bureau of Engraving and Printing. 

Coast Survey. — The office of the Coast Suiv 
vey is connected with the Treasury Department. 
This office prepares charts from actual surveys 
of the seacoast of the United States. The sur¬ 
veys of the Great Lakes are under the control of 
the War Department. 

Light-Houses. — The light-houses of the 
United States were formerly under the control 
of the Treasury Department, but for nearly forty 
years past have been committed “ to the Light- 
House Board of the United States.” This board 
consists of three officers of the army, three of the 
navy, and two civilians noted for their scientific 
attainments, with the Secretary of the Treasury 
president of the board ex officio. This board has 
in charge between one thousand and two thou¬ 
sand light-houses, besides light-vessels, beacons 
and buoys innumerable. 

Under this department also is the Supervising 
Architect, who has general charge of the plans 
and construction of all United States buildings. 


THE EXECUTIVE DEPARTMENT. II/ 

such as custom-houses, court-houses, post-offices, 
etc. 

The War Department. — This department has 
various subdivisions as follows : — 

1. The Office of Adjutant-General. 

2. The Office of the Quartermaster-General. 

3. The Office of the Commissary-General. 

4. The Office of the Paymaster-General. 

5. The Office of the Chief of PZngineers. 

6. The Ordnance Office. 

7. The Signal Office. 

8. The Bureau of Military Justice. 

The Bureau of Military Justice is in charge of 
an officer with the rank of a Brigadier-General, 
called a Judge-Advocate-General. Under this 
department is the United States Military Acad¬ 
emy at West Point. This school was estab¬ 
lished for the education of officers for the army. 

West Point. — The students are termed cadets, 
and number between three and four hundred. 
They are appointed as follows: One from each 
congressional district, one from each of the 
organized territories, one from the District of 
Columbia, and ten from the United States at 
large. These are all appointed by the President, 
but each member of the national House of Rep¬ 
resentatives nominates the candidate for his dis¬ 
trict. The President appoints the ten candidates 


Il8 THE EXECUTIVE LhEPARTMENT. 

at large. Candidates for appointment must not 
be less than seventeen nor more than twenty-two 
years of age, and they are expected to serve in 
the army eight years, unless sooner discharged. 

The examination for admission to West Point 
is careful and accurate upon the elements of a 
good education. In arithmetic, geography, Eng¬ 
lish grammar, reading, writing, spelling, and the 
history of the United States, thoroughness and 
accuracy are required. 

It has become customary of late for congress¬ 
men to hold competitive examinations, and to 
nominate for vacant positions at West Point 
those who have passed the best examinations in 
respect to mental qualifications and scholarship, 
with good physical health, strength, and develop¬ 
ment. 

The superintendent and principal members of 
the faculty are regular officers in the army. 

Each cadet receives an allowance during his 
term of study sufficient to pay his necessary 
expenses for clothing, board, etc. The entire 
expense of the academy is met by the United 
States government. Congress makes annually 
for this purpose an appropriation of three hun¬ 
dred thousand dollars or more. 

The Department of the Navy. — This depart¬ 
ment is divided into eight bureaus, as follows: — 


THE EXECUTIVE DEPARTMENT. 119 

1. The Bureau of Yards and Docks. 

2. The Bureau of Equipment and Recruiting. 

3. The Bureau of Navigation. 

4. The Bureau of Ordnance. 

5. The Bureau of Medicine and Surgery. 

6. The Bureau of Provisions and Clothing. 

7. The Bureau of Steam Engineering. 

8. The Bureau of Construction and Repairs. 

Naval Academy. — Under the charge of this 
department is maintained, at Annapolis, McL, a 
naval academy similar to the military academy at 
West Point. To enter this academy as cadet- 
midshipman, the student must not be less than 
fourteen, nor more than eighteen, years of age. 
The same number is allowed as at West Point, 
and by the same method of appointment. The 
course of study embraces six years, and the student 
on graduating becomes midshipman, subject to 
promotion as vacancies occur. This academy re¬ 
quires an annual appropriation from the govern¬ 
ment of two hundred thousand dollars or more. 

The Department of the Post-Office. — Proba¬ 
bly this is the oldest department under our gov¬ 
ernment. Prior to the Revolution the British 
government had established a system of mails 
through these colonies, and Dr. Benjamin Frank¬ 
lin was the superintendent of this system. In 
July, 1775, only a month later than the battle of 


120 


THE EXECUTIVE DEPARTMENT. 


Bunker Hill, Doctor Franklin received from the 
Second Continental Congress the appointment of 
Postmaster-General of the United Colonies. 

In September, 1789, the first Congress under 
the Constitution made provision for the establish¬ 
ment of the post-office system, and appointed a 
Postmaster-General. As a matter of fact, the 
Federal government never passed an act estab¬ 
lishing the Post-Office Department. It was as¬ 
sumed to be in existence, and various acts were 
passed for regulating its management. There 
are three assistant postmasters-general: The 
first assistant is in charge of the Appointment 
Offce, the second of the Contract Offce, the third 
of the Finance Offce. There is also a Superin¬ 
tendent of Foreign Mails. 

The chief offcer of the Money-Order Bureau is 
styled the Superintendent of the Money-Order 
System. 

It will readily appear that great care, prompt¬ 
ness, and accuracy is needed in assorting mail- 
matter and preparing it for delivery. Especially 
is this true of the principal lines of railroads 
leading to large cities; for example, between New 
Haven and New York, or between Philadelphia 
and New York; and a large number of mail- 
agents are required in the mail-cars, whose busi¬ 
ness it is to assort the mail-matter, and deposit it 


THE EXECUTIVE DEPARTMENT. 


I2I 


in proper pouches, carefully marked, so that on 
arrival at New York the matter can at once be 
placed in the proper boxes in the post-office and 
delivered with the least possible loss of time. 

Distributing Offices. — Formerly, in all large 
cities, there was a distributing post-office. Into 
this department the mail-pouches had to be 
brought from all directions, which contained mat¬ 
ter to be forwarded to distant points. All this 
matter had to be overhauled, arranged, and put 
into the proper pouches for further transportation; 
for example, at New York, mail-matter from New 
England, designed for the South and'West, would 
be all poured out upon large tables, assorted, di¬ 
vided, and thrown into proper pockets for carrying 
to Philadelphia, Harrisburg, Baltimore, Washing¬ 
ton, etc.; while at the same time, and at the same 
distributing office, would be received the mails 
from the South and West, to be overhauled in 
like' manner, and forwarded to the East. 

Much time was consumed by this frequent 
change and examination of mail-matter. Time 
has now become so important a factor in the 
transaction of business that every facility must 
be employed for the rapidity of transmission. 
Hence most of the distributing offices have been 
abolished, and mail-pouches are now made up in 
Boston, New York, Philadelphia, and all large 


122 


THE EXECUTIVE DEPARTMENT. 


cities, to be forwarded through to the most dis¬ 
tant points, like San Francisco, Portland, Mon¬ 
treal, and Quebec. 

Cheap Postage. — Formerly, but within the 
recollection of persons now living, it cost five 
cents to transmit an ordinary letter to any post- 
office within thirty miles, ten cents for a longer 
distance, and from that up to twenty-five cents 
across the continent. 

All postage was then paid by the receiver at 
the end of the route. Fifty years ago there was 
no prepayment of postage, and more than forty 
years ago a law was passed by Congress estab¬ 
lishing the postage of a single letter at three 
cents for any distance within our country, pro¬ 
vided the sender should pay the postage; if not 
prepaid, the postage should be five cents. 

In this way people became accustomed to pre¬ 
paying postage, so that after a few years another 
act was passed by Congress, requiring prepay¬ 
ment of postage on all letters, establishing the 
rate at three cents for an ordinary letter without 
regard to distance. At the present time the 
postage on letters not exceeding an ounce in 
weight is two cents to any part of our country, 
and including the British Provinces of North 
America. 

Some years ago a postal league was entered 


THE EXECUTIVE DEPARTMENT. 123 

into by the principal civilized nations of the earth, 
establishing the uniform rate of five cents as the 
postage for all letters, of proper weight, from any 
one of the countries within the postal league to 
any other. 

The experiment of cheap postage, which was 
first introduced into Great Britain, a generation 
or more ago, has proved entirely successful. In 
that country the contest for this improvement 
was severe and protracted. Rowland Hill and 
others devoted themselves with great energy to 
the philanthropic enterprise of bringing about 
this much-needed reform. 

When the reduction of rates had proved suc¬ 
cessful in the mother country, it was quickly 
introduced by our government, and from time to 
time, as the rate of postage has been diminished, 
it has been found that the receipts of the Post- 
Office Department have increased. At the present 
time the Post-Office Department more than pays 
for itself, excepting in the more sparsely popu¬ 
lated districts of some sections of our country. 

The Department of the Interior. — This de¬ 
partment was established in 1849. Under it 
are: — 

1. The Patent Office. 

2. The Pension Office. 

3. The Land Office. 


124 


THE EXECUTIVE DEPARTMENT. 


4. The Science Bureau. 

5. The Bureau of Indian Affairs. 

6. The Bureau of Education. 

The business of the Patent Office is conducted 
under the direction and control of the Commis¬ 
sioner of Patents, who receives applications and 
superintends the granting and issuing of patents 
in accordance with the various acts of Congress 
passed at different times on this subject. The 
business of the office is to grant letters-patent to 

‘‘ inventors or discoverers of any new or useful art, ma¬ 
chine, manufacture or composition of matter, or 
any new and useful improvement on such, which 
had previously been unknown, and which had not 
been used by others, and which had not been on 
sale or in public use for more than two years prior 
to the application for a patent.” 

The Patent Office employs many clerks called 
examiners, who investigate the claims of every 
invention for which a patent is solicited. The 
patent itself is the official document issued in the 
name of the United States, and is granted for 
the period of seventeen years. Its actual cost is 
thirty dollars. 

Each article offered for sale by the patentee 
must have stamped upon it the word “ patent ” 
with the date when the patent was issued. 





























































































































































































































































































































































































































































THE EXECUTIVE DEPARTMENT. 


125 


The Pension Office. — Since the Civil War, this 
office has grown to gigantic proportions. It has 
in charge the entire matter of granting pensions 
and keeping the accounts thereof in accordance 
with the laws passed by Congress at different 
times upon this subject. The Pension Office in 
Washington is an immense building, filled with 
clerks who are constantly employed in keeping 
the records and attending to the accounts of pen¬ 
sions and pensioners. The business of this office 
has grown from year to year, and the amount of 
money disbursed by it has increased, until, at the 
present time, the aggregate amount of pensions 
paid is in the neighborhood of one hundred mil¬ 
lion dollars a year. 

The Land Office. — The chief officer of this 
bureau is styled the Commissioner of the General 
Land Office. Under the commissioner are the 
following officers: — 

1. Surveyors-General. 

2. Registers of Land Offices. 

3. Receivers of Land Offices. 

Many years ago the United States adopted a 
system of survey for the public lands. This sys¬ 
tem provides that the immense tracts of western 
lands belonging to the United States government 
should be divided into ranges, townships, sec- 


126 


THE EXECUTIVE DEPARTMENT. 


tions, and fractions of sections. The ranges are 
bounded by meridian lines six miles apart, and 
are numbered from a standard or principal meri’ 
dian east and west. These ranges are divided 
into townships of six miles square, and numbered 
from a given parallel north and south. 

The townships are divided into thirty-six sec¬ 
tions, each one mile square, and hence embrac¬ 
ing six hundred and forty acres. These sections 
are divided, as may be needed, into halyes, quar¬ 
ters, eighths, and in some cases sixteenths. The 
sections in a township are numbered as indicated 
in the following diagram : — 


6 

5 

4 

3 

2 

I 

7 

8 

9 

10 

II 

12 

i8 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 


This system of marking the division of lands makes 
the description of any individual tract very simple. 













THE EXECUTIVE DEPARTMENT. 


127 


If one should purchase a section, the deed 
would specify the number of the section, — in 
such a township and such a range; or if a quar¬ 
ter-section were purchased, the description might 
be as follows : — 

The northeast quarter of section twenty-four, 
township seventeen north, range nine east of 
third principal meridian. The government sells 
this land and issues a patent, which is signed by 
a secretary appointed by the President, and also 
signed by a proper recorder of the land office. 

The quarter-section is one hundred and sixty 
acres. These quarter-sections are divided into 
lots of forty acres each. If one lot was sold, it 
would be indicated as follows: — 

The northwest quarter of northeast quarter of 
section seventeen. 




B 

A 



C 

D 










Section 17. 


In the above diagram the description just given 
applies to lot B. 










128 


THE EXECUTIVE DEPARTMENT. 


The Bureau of Indian Affairs. — This bureau, 
established in 1832, is in charge of a Commis¬ 
sioner of Indian Affairs, and has the management 
of all matters arising out of the relation of the 
government to the Indians. It cares for, pays to, 
or expends for, their benefit, all moneys due on 
account of lands ceded by Indians to the national 
government; looks after their interests in lands 
reserved; has begun the work of allotting and 
patenting a certain portion to each member of 
the tribe individually; preserves order upon In¬ 
dian reservations through Indian police and 
Indian courts; employs agents, farmers, and 
mechanics to live among the Indians and teach 
them the occupations and customs of civilized 
life; assists the Indians in building houses, open¬ 
ing farms, and getting a start in civilization; and 
educates their children. 

Indian Schools. —On Indian reservations are 
many day schools; but as a rule, Indian children 
are educated in industrial boarding schools. 
Most of these are on reservations; but the gov¬ 
ernment supports also large schools off reserva¬ 
tions among white communities, where the pupils 
have special opportunities for acquiring civilized 
habits and customs. In addition to these schools, 
which are wholly sustained by the government, 
the Indian Office makes contracts for the educa- 


THE EXECUTIVE DEPARTMENT. 


29 


tion of Indian youth in various private or denom¬ 
inational schools. The work of the Indian Bureau, 
and especially of the Indian schools, is growing in 
importance and in public interest. Many think 
that all tribal relations should cease, and that the 
Indians should be treated as individuals, the same 
as all other races are treated. 

The Bureau of Education. — This bureau was 
established by Congress nearly twenty-five years 
ago for the purpose of collecting statistics relat¬ 
ing to educational matters in the different states 
and territories of the Union, and of promoting 
the progress of education throughout the nation. 
It is especially designed as a central medium of 
communication on educational subjects between 
the various states of the Union and between 
this country and foreign nations. It is placed in 
charge of an officer styled the United States 
Commissioner of Education. This bureau has 
proved itself of great educational value to the 
country. 

The Department of Justice. — The office of 
Attorney-General was created by the first Con¬ 
gress in 1789, but the Department of Justice was 
not established until 1870. This officer, however, 
has always been recognized as a member of the 
Cabinet. Under the Attorney-General are: — 


130 


THE EXECt/TtVE DEPARTMENT, 


1. The Solicitor-General. 

2. An Assistant Attorney-General. 

3. An Assistant Attorney-General for the Court of 

Claims. 

4. An Assistant Attorney-General in the Department 

of the Interior. 

5. An Assistant Attorney-General in the Post-Office 

Department. 

6. A Solicitor of Internal Revenue. 

7. Naval Solicitor. 

8. Examiner of Claims. 

9. Solicitor of the Treasury. 

10. An Assistant Solicitor. 

All of these officers are appointed by the 
President and Senate. Besides these officers, in 
this department are employed many persons as 
clerks, copyists, etc. 

Money and Banking. — We have already con¬ 
sidered the coins of our country. Our money 
system is bi-metallic, both gold and silver coins 
being legal tender. The gold and silver coins 
are the ordinary and legitimate legal tender in 
payment of debts. This is customary among the 
nations generally. 

The rapid growth of our country, with the cor¬ 
responding increase of business and population, 
has made it impossible for us to secure a sufficient 
amount of coin to carry on the necessary business 
of the country. Moreover, bank bills are far 


THE EXECUTIVE DEPARTMENT. I3I 

more convenient than either gold or silver for 
large business transactions. 

Banks were early established under charters 
from the various states. This is not prohibited 
by the Constitution. Prior to the Civil War, the 
bank notes issued by the various state banks in all 
parts of the country amounted to a very large 
sum, and were an important aid in carrying for¬ 
ward the immense business of the country. 

The exigencies of the times during the Civil 
War, especially the need for very large sums of 
money by the government to carry on the war, 
gave occasion for new legislation by the national 
government upon this subject. 

In 1864 a bill was passed by Congress, provid¬ 
ing for a bureau of currency in the Treasury 
Department under the direction of an officer 
called the Comptroller. This bill provides that 
national banks may be formed by voluntary asso¬ 
ciations, with power to issue bills, receive deposits, 
loan money, and perform the ordinary functions 
of banks. 

A year or two later Congress passed another 
act, levying a tax of ten per cent upon all notes 
issued by state banks used for circulation after 
August I, 1866. Practically, this, of course, ex¬ 
cluded the bills of the state banks from circulation, 
so that nearly all of those banks throughout the 


132 


THE EXECUTIVE DEPARTMENT. 


country either closed their business, or transferred 
it to national banks, which were formed to take 
the place of the old state banks. 

Treasury Notes. — During the war the gov- 
ernment issued a paper currency, usually denomi¬ 
nated treasury notes, or, as they were called in 
common language, “ greenbacks,” from the cir¬ 
cumstance that the engraved back of the note 
was printed in green ink. The government 
made these greenbacks legal tender in payment 
of debts, and paid them out from time to time for 
army supplies, soldiers’ pay, and other current 
expenses. 

Large amounts of these greenbacks continued 
to circulate throughout the country with a some¬ 
what uncertain and fluctuating value until 1879, 
when the government began to redeem them in 
gold at par. Since then their circulation has 
been continued on a par value with gold and the 
national bank notes. The government, however, 
has redeemed and retired them to such an extent 
that the amount in circulation is now very small. 
It will thus be seen that the Treasury Depart¬ 
ment of government acts in some sense as a 
bank of issue. It does not loan the money as 
other banks do, but pays out its bills for current 
expenses. 

The Constitution provides that the national 


THE EXECUTIVE DEPARTMENT. 


133 


government shall absolutely control the coinage 
of money. It prohibits the states severally from 
making anything but gold and silver coin a legal 
tender in payment of debts, and now, by bringing 
into operation this system of national banks, 
which has proved so eminently successful, our 
federal government, as it would appear, has 
established the principle that all forms of money 
and currency should be under its control. 

The Department of Agriculture. — This 
department was formerly a bureau under the 
Department of the Interior. By a recent Act of 
Congress, on account of its growing importance 
and the rapidly increasing value of its work, it 
has been made into a distinct department, under 
the direction of a chief officer styled the Secretary 
of Agriculture, who is a member of the Presi¬ 
dent’s Cabinet. 


i34 


THE EXECUTIVE DEPARTMENT. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW, 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Qualifications for President and Vice-President. 

2. When are presidential electors elected? 

3. Who can vote for presidential electors? 

4. When do the presidential electors cast their votes? 

5. When, where, and how are their votes counted? 

6. When does the President take his seat, and what is the 
length of his term of office ? 

7. Describe the new law for the presidential succession. 

8. Enumerate the powers and duties of the President. 

9. What is the President’s salary? 

10. How are treaties made with foreign nations? 

11. How do the qualifications for representative, senator, 
and President differ? 

12. If there is no choice for the President by the vote of 
the electors, how is the President to be chosen? 

13. If the electors make no choice for Vice-President, how 
is the Vice-President to be chosen? 

14. How can a President be removed? 

15. What officers constitute the President’s Cabinet? 

16. Write out in order the executive departments, and give 
the official title for the chief officer in these several depart¬ 
ments. 

17. Name the principal duties of the Secretary of State. 

18. Give some account of our ministers to foreign govern¬ 
ments. 

19. Give a brief account of the Military Academy at West 
Point. 

20. Of the Naval Academy at Annapolis. 


THE EXECUTIVE DEPARTMEMT 


135 


2T. Write an account of the national system of surveying 
and plotting public land. 

22. Give some account of the Post-Office Department. 

23. Of money and banking. 

24. How is mail matter transported and distributed? 

25. Give some account of the bureau of Indian affairs. 

26. The Bureau of Education. 

27. The Pension Office. 


BLACKBOARD OUTLINE. 


THE JUDICIAL DEPARTMENT. 

I. The Supreme Court. | 2. The Circuit Court. 

3. The District Court. 

SPECIAL COURTS. 

1. Court of Claims. 

2. Supreme Court of the District of Columbia. 

3. Supreme Courts in the Territories. 

4. District Courts in the Territories. 


136 


CHAPTER III. 


THE JUDICIAL DEPARTMENT. 

The Constitution provides that there shall be 
“ one Supreme Court and such inferior courts as 
Congress may from time to time ordain and 
establish.” In accordance therewith, Congress 
has established the following system of United 
States courts: — 

1. The Supreme Court. 

2. The Circuit Court. 

3. The District Court.^ 

Besides these there are : — 

1. Court of Claims, established in 1855. 

2. Supreme Court of the District of Columbia. 

3. Supreme Courts in the Territories. 

4. District Courts in the Territories. 

The Supreme Court at the present time con¬ 
sists of a Chief Justice and eight associate jus¬ 
tices. These nine justices correspond to the num¬ 
ber of circuits, and one of them is assigned to 
each circuit. There are nine Circuit Courts, with 
nine judges of these courts. Appeals may be 
taken from the Circuit Court to the Supreme 
Court. The Circuit Courts are presided over by a 

1 In 1891 Congress established a new court, called the Circuit Court of 
Appeals, with circuits and judges corresponding to the Circuit Court. 

137 


138 THE JUDICIAL DEPARTMENT. 

Circuit Judge, a District Judge, a Justice of the 
Supreme Court, or any two of them. These Cir¬ 
cuit' Courts are again divided into districts, every 
state having at least one District Court. Some of 
the larger states are divided into two or more 
districts. 

The salaries of the district judges vary from 
thirty-five hundred dollars to five thousand dol¬ 
lars. The judges of the Circuit Courts receive a 
salary of six thousand dollars. The associate 
justices of the Supreme Courts have a salary of ten 
thousand dollars; and the Chief Justice of this 
court receives ten thousand five hundred dollars. 

Only certain kinds of cases can be brought 
before the United States courts. These courts 
have jurisdiction in the following cases: — 

1. All cases in law and equity arising under the Con¬ 
stitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority. 

2. All cases affecting ambassadors, other public 
ministers, and consuls. 

3. All cases of admiralty and maritime jurisdiction. 

4. Controversies to which the United States shall be 
a party. 

5. Controversies between two or more states. 

6. Controversies between a state and the citizens of 
another state. 

7. Controversies between citizens of different states. 

8. Controversies between citizens of the same state, 
claiming lands under grants of different states. 


THE JUDICIAL DEPARTMENT. 


139 


9. Controversies between a state or the citizens 
thereof and foreign states, citizens, or subjects. 

The judicial power of the United States is here 
extended to controversies between a state and 
citizens of another state. This clause gave much 
discussion at the time the Constitution was 
adopted, and the states were unwilling to be 
subjected to lawsuits brought in the federal 
courts by citizens of other states. Accordingly, 
an amendment to the Constitution was proposed, 
and on the 8th of January, 1798, the President 
announced to the Congress that the amendment 
had been adopted by three-fourths of the states, 
and was, therefore, a part of the Constitution. 
This constitutes the eleventh of the amendments, 
and is as follows : — 

“The judicial power of the United States shall not be 
construed to extend to any suit in law, commenced 
or prosecuted against one of the United States by 
citizens of another state, or by citizens or subjects 
of any foreign state.” 

Such cases must be brought before the state 
courts. 

The Constitution provided that whether in the 
United States courts or in the courts of any state 

“The trial of any crimes, except in cases of impeach¬ 
ment, shall be by jury; and such trials shall be 
held in the state where the said crimes shall have 


140 THE JUDICIAL DEPARTMENT. 

been committed; but when not committed within 
any state the trial shall be at such place or places 
as Congress may by law have directed.” 

A jury consists of twelve men, selected accord¬ 
ing to law, to determine matters of fact in a legal 
trial. The right of trial by a jury of ones peers 
was a right highly esteemed by the people of 
Great Britain, which they a long time ago com¬ 
pelled their king to yield to them. This right is 
here made a part of the Constitution of our coun¬ 
try, and although not yielding all the good fruit 
which might be desired, yet is considered as one 
of the guaranties of a fair trial to any one accused 
of crime. 

This clause provides that all trials for crime 
shall be held in the state where such crime has 
been committed. 

Treason. — 

Treason against the United States shall consist only 
in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person 
shall be convicted of treason unless on the testi¬ 
mony of two witnesses to the same overt act, or on 
confession in open court.” 

This clause defines treason as consisting of 
only two things : — 

I. In levying war against the United States. 


THE JUDICIAL DEPARTMENT. I41 

2 . In adhering to their enemies, giving them aid and 
comfort, and it provides that, 

“ No person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, 
or on confession in open court.” 

“ The Congress shall have the power to declare the 
punishment of treason ; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted.” 

The terms here used refer to an English cus¬ 
tom. The old English law provided certain con¬ 
sequences as to the mode of execution of one who 
had been convicted of treason. He was to be 
put to death in a cruel manner, and his conviction 
involved what was called attainder, and this worked 
corruption of blood, or forfeiture. 

There was no judgment of attainder, but the 
attainder was incident to the conviction as a mat¬ 
ter of course. This attainder, as a natural conse¬ 
quence, was supposed to include corruption of 
blood, or forfeiture. His property of every kind 
was forfeited. His children could not inherit 
property from his ancestors through him. What 
was termed “ corruption of blood ” destroyed the 
power to inherit property. 

Our Constitution prescribes that the offender 
himself shall bear the punishment. It shall not 
descend to his children. There may be forfeiture. 


142 THE JUD/CIAL DEPARTMENT. 

but this is rather in the nature of a fine, made at 
his conviction. This clause does not mean that 
the forfeiture shall extend only during the life of 
the person. The forfeiture or fine once made, of 
course the property or fine goes to the govern¬ 
ment permanently and not temporarily. 


THE JUDICIAL DEPARTMENT, 


143 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Describe the organization of the Supreme Court of the 
United States. 

2. What is the salary of the justices ? 

3. Describe the United States Circuit Courts. 

4. Who may preside in a Circuit Court? 

5. Describe the District Courts. 

6. Name the salary of a judge of the Circuit Court. 

7. What are the limits of the salary of the district judges ? 

8. What cases may be brought before the United States 
District Courts? 

9. Circuit Courts? 

10. The Supreme Court? 

11. What courts try ordinary cases of crime, and suits be¬ 
tween citizens of any one state ? 

12. Should a crime be committed in a post-office building, 
or a custom-house building owned by the United States, in 
what court would the case be tried ? 

13. Discuss the question oftrial by jury.” 


BLACKBOARD OUTLINE. 


MISCELLANEOUS PROVISIONS. 

^ ‘ Full Faith and Credit. ” “ Records. ’ ’ 

“Public Acts.” “Judicial Proceedings.’ 




New States, 
Territories. 


Republican Government 
Amendments. 





CHAPTER IV. 


MISCELLANEOUS PROVISIONS. 

The Constitution provides that: — 

“ Full faith and credit shall be given to the public acts, 
records, and judicial proceedings of every other 
state, and the Congress may, by general laws, pre¬ 
scribe the manner in which said acts, records, and 
proceedings shall be proved, and the effect thereof,” 

1. “ Full faith and credit.” By these words 
are meant that the other state shall give the 
same credit, which the state itself gives to the 
acts, etc., when these have been proven. 

2. “ Public acts.” By these are meant the 
laws of the state, or the action of the legislature. 

3. “ Records.” These refer to general matters 
of legal record, such as laws, real estate records, 
legislative journals, etc. 

4. “ Judicial proceedings.” The reference here 
is to the acts of the courts, judgments, orders, 
proceedings. In obedience to the last part of 
the clause. Congress, at an early date, passed an 
act specifying that the acts of the legislature of a 
state shall be authenticated by its seal. The 
same act also specifies the form of proof neces- 


146 MISCELLANEOUS PROVISIONS. 

sary for the records of a court, and the attesta¬ 
tion of the clerk together with the certificate of 
the judge. Such records and proceedings must 
receive full faith and credit in the courts of other 
states. 

New States.— 

“ New states may be admitted by the Congress into this 
Union ; but no new state shall be formed or erected 
within the jurisdiction of any other state, or any 
state be formed by the junction of two or more 
states, without the consent of the legislatures of 
the states concerned, as well as of the Congress.” 

The first added state was Vermont, which was 
admitted into the Union by an act of Congress 
in 1791. 

In T 792, Kentucky was admitted. 

In 1796, Tennessee was admitted. 

In 1803, Ohio was admitted. 

In 1812, Louisiana was admitted. 

In 1816, Indiana was admitted. 

In 1817, Mississippi was admitted. 

In 1818, Illinois was admitted. 

In 1819, Alabama was admitted. 

In 1820, Maine was admitted. 

In 1821, Missouri was admitted. 

In 1836, Arkansas was admitted. 

In 1837, Michigan was admitted. 

In 1845, Florida was admitted. 


MISCELLANEOUS PROVISIONS. 


147 


In 1845, Texas was admitted. 

In 1846, Iowa was admitted. 

In 1848, Wisconsin was admitted. 

In 1850, California was admitted. 

In 1858, Minnesota was admitted. 

In 1859, Oregon was admitted. 

In 1861, Kansas was admitted. 

In 1863, West Virginia was admitted. 

In 1864, Nevada was admitted. 

In 1867, Nebraska was admitted. 

In 1876, Colorado was admitted. 

In 1889, North Dakota was admitted. 

In 1889, South Dakota was admitted. 

In 1889, Montana was admitted. 

In 1889, Washington was admitted. 

In 1890, Idaho was admitted. 

In 1890, Wyoming was admitted. 

It will thus be seen that by the recent admis¬ 
sion of the six states last mentioned, we now 
have in our federal Union forty-four states. 

Territories. — 

“The Congress shall have power to dispose of, and 
make all needful rules and regulations, respecting 
the territory or other property belonging to the 
United States, and nothing in this Constitution 
shall be so construed as to prejudice any claims of 
the United States, or of any particular state.” 


148 MISCELLANEOUS PROVISIONS. 

In accordance with this provision, Congress 
has from time to time passed laws regulating the 
organization of the territories and providing for 
territorial governments. We have at the pres¬ 
ent time, in addition to the forty-four states just 
mentioned, the District of Columbia, the Indian 
Territory, the unorganized Territory of>«*Alaska, 
and four territories with regularly organized ten 
ritorial orovernments as follows : — 

O 

1. New Mexico. 3. Utah. 

2. Arizona. 4. Oklahoma. 

Republican Government. — 

“The United States shall guarantee to every state in 
this Union a republican form of government, and 
shall protect each of them against invasion, and, on 
application of the legislature, or of the executive 
when the legislature cannot be convened, against 
domestic violence.” 

By this section a republican government is 
made obligatory upon all the states. No partic¬ 
ular department of the United States government 
is charged with this duty. It would seem reason¬ 
able that Congress should decide what govern¬ 
ment is the established one in a state, and this 
has been sanctioned by a decision of the Supreme 
Court. It would seem necessary also that the 


MISCELLANEOUS FEO VISIONS. 149 

President, as the executive officer of the national 
government, and commander-in-chief of the 
armies of the nation, should see that the provi¬ 
sions of this section should be enforced. 

Amendments. — 

“The Congress, whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments 
to this Constitution, or, on application of the legis¬ 
lature of two-thirds of the several states, shall call 
a convention for proposing amendments, which, in 
either case, shall be valid to all intents and purposes, 
as part of this Constitution, when ratified by the 
legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be 
proposed by Congress : provided that no amend¬ 
ment which may be made prior to the year one 
thousand eight hundred and eight shall in any man¬ 
ner affect the first and fourth clauses in the ninth 
section of the first article, and that no state, with¬ 
out its consent, shall be deprived of its equal suffrage 
in the Senate.” 

Two modes of proposing amendments are here 
given, and there may be two modes of ratifica¬ 
tion : — 

I. Amendments to the Constitution may be proposed 
to the several states by a two-thirds vote of both 
houses in Congress. 


MISCELLANEOUS PROVISIONS. 


150 


2 . Amendments may be proposed by a convention, 
on the application of the legislatures of two-thirds of 
the states. 

Whenever amendments have been proposed to 
the states by either of these methods, there are 
two ways in which they may be ratified: — 

1. By the legislatures of three-fourths of the several 
states. 

2. By conventions in three-fourths of the several 
states, as the one or the other mode of ratification may 
be proposed by Congress. 

As a matter of fact, all the amendments which 
have been hitherto made have been proposed to 
the states by Congress; and they have all been 
ratified by the legislatures. It is probable that 
this method, which has proved satisfactory in the 
past, will not be departed from in the future. 

Supreme Law of the Land.— 

“This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all 
treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land ; and the judges of every state shall 
be bound thereby, anything in the constitution or 
laws of any state to the contrary notwithstanding.” 

This clause is of paramount importance in 
showing that the government of the United 


MISCELLANEOUS PEOVISIONS. 151 

States is supreme, and must be, not merely over 
the people, but over the land of the whole country, 
in all places belonging to this nation. 

The Constitution, laws, and treaties are here 
made the supreme law of the land; and the state¬ 
ment is explicit and emphatic, that “ the judges 
of every state shall be bound thereby, anything 
in the constitution or laws of any state to the 
contrary notwithstanding.” 

The ratifications of the conventions of nine states shall 
be sufficient for the establishment of this Constitu¬ 
tion between the states so ratifying the same.” 

As a matter of fact, the adoption of this Con¬ 
stitution was a peaceful revolution. 

The Articles of Confederation provided as fol¬ 
lows : — 

And the Articles of this Confederation shall be inviola¬ 
bly observed by every state, and the union shall be 
perpetual; nor shall any alteration at any time here¬ 
after be made in any of them, unless such alteration 
be agreed to in a Congress of the United States, 
and be afterwards confirmed by the legislatures of 
every state.” 

They further provide, — 

That the articles thereof shall be inviolably observed 
by the states they respectively represent, and that 
the union shall be perpetual.” 


152 


MISCELLANEOUS FEO VISIONS. 


Contrary, then, to these provisions of the Arti¬ 
cles of Confederation, which were emphatically the 
supreme law of the land, this Constitution pro¬ 
vides that it should go into effect between nine 
states as soon as ratified by that numben 


MISCELLANEOUS PROVISIONS. 


53 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What is meant by “ full faith and credit ”? 

2. ‘‘ Public acts ” ? 

3. ‘‘Records”? 

4. “Judicial proceedings ”? 

5. How may new states be admitted? 

6. What power has Congress over the territories? 

7. What has been the uniform method of proposing amend¬ 
ments to the Constitution? 

8. What has been the uniform method of adopting amend¬ 
ments to the Constitution? 


BLACKBOARD OUTLINE. 


AMENDMENTS TO THE CONSTITUTION. 

First Ten Amendments. — A Bill of Rights. 

Eleventh Amendment. — Judicial Department. 

Twelfth Amendment. — The Election of President. 

Thirteenth Amendment. — Slavery. 

Fourteenth Amendment. — Citizenship, Congressional Represen¬ 
tation, Inability to hold Office under the United States, the 
Public Debt. 

Fifteenth Amendment. — Shall not deny or abridge the right to 
vote. 

Putting the Constitution into Operation. 


54 


CHAPTER V. 


THE AMENDMENTS TO THE CONSTITUTION. 

Conventions were called in the several states 
to discuss and adopt, or reject, this Constitution. 
After a time it was adopted by all of the thirteen 
original states, yet in several conventions there 
was a strong desire for certain modifications to 
satisfy the evident will of the people. 

Congress, at its first session under the Consti¬ 
tution, proposed to the states twelve articles of 
amendment. Of these articles ten were ratified 
by the legislatures of three-fourths of the states, 
and became part and parcel of the Constitution 
from the fifteenth day of December, 1791. These 
constitute the first ten of the amendments to the 
Constitution. They, in general, relate to the 
rights of the people and to limitations of govern¬ 
ment. (The teacher is advised to turn to the 
Constitution, and read these amendments, dis¬ 
cussing them in an informal way with the class.) 

The Eleventh Amendment was proposed at the 
first session of the Third Congress, in 1794, and 
was declared adopted as a part of the Constitu¬ 
tion January 8, 1798. 

155 


156 AMENDMENTS TO THE CONSTITUTION. 

This amendment, which has been already con¬ 
sidered, restricts the judicial power of the United 
States in suits at law between one of the United 
States and citizens of another state. 

The Twelfth Amendment relates to the manner 
of electing President and Vice-President, and has 
already been considered. It was proposed by the 
first session of the Eighth Congress, in 1803, and 
was adopted by the requisite number of states the 
next year. At present there are three other 
amendments, the Thirteenth, Fourteenth, and 
Fifteenth, all of which have grown out of the 
Civil War. 

The Thirteenth Amendment. — 

“ Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

“ Congress shall have power to enforce this article by 
appropriate legislation.” 

This amendment was proposed by Congress in 
1865, and ratified by the constitutional number of 
states the same year. 

The Fourteenth Amendment. — 

“ All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens 
of the United States and of the state wherein they 


AMENDMENTS TO THE CONSTITUTION. 1 5/ 

reside. No state shall make or enforce any law 
which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any state 
deprive any person of life, liberty, or property witU 
out due process of law, nor deny to any person 
within its jurisdiction the equal protection of the 
laws. 

Representatives shall be apportioned among the sev¬ 
eral states, according to their respective numbers, 
counting the whole number of persons in each state, 
excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for 
President and Vice-President of the United States, 
representatives in Congress, the executive and 
judicial officers of a state, or the members of the 
legislature thereof, is denied to any of the male 
inhabitants of such state, being twenty-one years of 
age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion 
or other crime, the basis of representation therein 
shall be reduced in the proportion which the num¬ 
ber of such male citizens shall bear to the whole 
number of male citizens twenty-one years of age in 
such state. 

No person shall be a senator or representative in 
Congress, or elector of President or Vice-President, 
or hold any office, civil or military, under the 
United States, or under any state, who, having 
previously taken an oath as a member of Congress, 
or as an officer of the United States, or as a mem¬ 
ber of any state legislature, or as an executive or 
judicial officer of any state, to support the Consti- 


158 AMENDMENTS TO THE CONSTITUTION. 


tution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Con¬ 
gress may, by a vote of two-thirds of each house, 
remove such disability. 

“ The validity of the public debt of the United States, 
authorized by law, including debts incurred for 
payment of pensions and bounties for services in 
suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor 
any state shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against 
the United States, or any claim for loss or emanci¬ 
pation of any slave ; but all such debts, obligations 
and claims shall be held illegal and void. 

“ The Congress shall have power to enforce, by appro¬ 
priate legislation, the provisions of this article.” 

This amendment was proposed by Congress in 
1866, and was declared to be a part of the Con¬ 
stitution in July, 1868. 

Fifteenth Amendment. — 

“ The right of citizens of the United States to vote 
shall not be denied or abridged by the United 
States, or by any state, on account of race, color, 
or previous condition of servitude. 

“The Congress shall have power to enforce this article 
by appropriate legislation.” 

The object of this article was to secure suffrage 
to the colored race, especially to the freed men of 


AMENDMENTS TO THE CONSTITUTION. 159 

the South. It specifies three points, in respect to 
which the right of citizens of the United States 
to vote shall not be denied or abridged, either by 
the national or state governments: — 

1. On account of race. 

2. On account of color. 

3. On account of previous condition of servitude. 

It was at first proposed to add two other points, 
nativity and religion, but these were stricken out 
before the proposed amendment was sanctioned 
by Congress. 

This amendment was proposed by Congress in 
1869, and was declared to be ratified in 1870. 

Putting the Constitution into Operation.— 

In July, 1788, a committee was appointed by the 
Congress to report an act for putting the Consti¬ 
tution into operation. This committee reported 
an act which was adopted on the 13th of Sep¬ 
tember, as follows: — 

Resolved, that the first Wednesday in January next be 
the day of appointing electors in the several states, 
which before the said day shall have ratified the 
said Constitution; that the first Wednesday in Feb¬ 
ruary next be the day for the electors to assemble 
in their respective states, and vote for a President; 
and that the first Wednesday in March next be the 
time, and the present seat of Congress the place, 
for commencing proceedings under the said Consti¬ 
tution.” 


l6o AMENDMENTS TO THE CONSTITUTION. 

The first Wednesday in March, 1789, happened 
to be the fourth day of the month, and as one 
presidential term and two Congresses occupies, 
by the Constitution, exactly four years, it follows 
that the inauguration of the President is to take 
place on the fourth day of March every fourth 
year, beginning with 1789. 

Washington was elected President by unani¬ 
mous vote. John Adams was declared elected 
Vice-President, and the new government went 
into operation quietly and with the general sanc¬ 
tion of the people of the country. It is not a 
little remarkable that the first President should 
have been elected unanimously, and re-elected 
unanimously. No President since his day has 
received a unanimous vote of all the electors. 


AMEArDMEATTS TO THE CONSTITUTIOAT. 


l6l 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned, and to suggest further 
thought, reading, and study. 

1. When were the first ten amendments adopted? 

2. Why are they called a Bill of Rights ” ? 

3. What is the Eleventh Amendment? 

4. Give a brief history of the Twelfth Amendment, and 
state its object. 

5. Tell the story of the Thirteenth Amendment. 

6. Also the Fourteenth. 

7. What was the object of the Fifteenth Amendment? 

8. What measures were taken by the Congress for putting 
the Constitution into operation? 


BLACKBOARD OUTLINE. 


THE GROWTH OF OUR COUNTRY. 


The Treaty of Paris. 
Weakness of the Articles of 
Confederation. 

Purchase of Louisiana. 
Purchase of Florida. 

Spanish Boundary. 


Annexation of Texas. 
Mexican Provinces. 
Discovery of Gold. 

The Oregon Country. 
Alaska. 

Our Present Condition. 



CHAPTER VI. 


THE GROWTH OF OUR COUNTRY. 

The original thirteen English colonies which 
secured their independence by the revolutionary 
war, extended from the St. Croix River on the 
eastern borders of Maine to the southern boun¬ 
dary of Georgia. The settlements in these colo¬ 
nies were invariably near the sea-coast. At the 
beginning of the revolution, biit few settlers were 
to be found more than a hundred miles from the 
Atlantic. These colonies in the main extended 
westward to the Alleghany Mountains, but sev¬ 
eral of them claimed, under their grants and 
charters from the British crown, westward to the 
Mississippi River. 

The Treaty of Paris. — The treaty of peace 
between the new Republic and Great Britain was 
negotiated at Paris. The preliminary treaty was 
signed in 1782, and the definitive treaty was exe¬ 
cuted the year following. Our commissioners in 
the negotiation of this treaty, to whom this coun¬ 
try owes great gratitude for their patriotism and 
sagacity, were John Adams, John Jay, and Benja¬ 
min Franklin. In spite of strong opposition 

163 


i 64 growth of our country. 

they succeeded in securing for us the entire terri¬ 
tory as far north as the Great Lakes, and west¬ 
ward to the Mississippi River, and southward to 
latitude 31°, the northern limit of Florida. This 
immense territory comprised more than eight 
hundred thousand square miles, and was from 
three to four times as large as France, or Spain, 
or Italy. 

Weakness of Articles of Confederation.— 

But the national government was weak and in¬ 
efficient. The Articles of Confederation provided 
only for a Congress of delegates from the differ¬ 
ent states sitting as one house only, with no 
executive and nc judicial department. This Con¬ 
gress had all po.jer in advising and recommend¬ 
ing, but no power to oblige the various States to 
perform their requisite duties. In 1787, on the 
recommendation of the Congress, a convention 
composed of delegates from the several states, 
assembled in Philadelphia, and framed the United 
States Constitution. This Constitution was sub¬ 
mitted to the several states, and finally adopted 
by them all. Washington was unanimously 
elected the first President, and the new govern¬ 
ment went into effect on the fourth of March, 
1789. The country soon began to rally, business 
improved, agriculture flourished, and manufac¬ 
tures increased. The new Republic was now on 


GROWTH OF OUR COUNTRY. 165 

a strong basis with a vigorous government, and 
it entered upon a career of unexampled growth 
and prosperity. 

Purchase of Louisiana. — The extent of terri¬ 
tory remained unchanged until the year 1803. 
Three years before this, Napoleon Bonaparte, 
then the First Consul of France, had secured 
from Spain that territory called the Province of 
Louisiana, which extended from the Gulf of Mex¬ 
ico on the south, northward as far as the Lake 
of the Woods, and from the Mississippi River 
westward to the Rocky Mountains. Early in the 
year 1803, Napoleon, finding himself on the eve 
of a war with Great Britain, proposed to sell this 
immense territory to the United States, in order 
to prevent its capture by Great Britain, and to 
replenish the treasury of France. In April of 
the year just mentioned, the treaty was executed 
by Napoleon and his secretary of the treasury, 
Barbe Marbois, for the Republic of France, and 
Robert R. Livingston and James Monroe for 
the United States of America. By this peace¬ 
ful treaty, the entire territory, called the Province 
of Louisiana, was conveyed to the United States, 
we paying therefor the sum of fifteen million dol¬ 
lars. It was an accession so great that, compris¬ 
ing as it did nine hundred thousand square miles, 
it more than doubled our former territory. The 


I66 GROWTH OF OUR COUNTRY. 

result has proved that it was of great importance 
to our country. 

The Purchase of Florida. — Having obtained 
a foothold upon the Gulf of Mexico, our states¬ 
men naturally desired to secure the coast from 
the Atlantic to New Orleans. Consequently, in 
1819, we negotiated a treaty with Spain by which, 
for the sum of five million dollars, she ceded to 
us her provinces of East and West Florida. This 
treaty completed our title to the territory from 
the Atlantic to the Rocky Mountains, and from 
the Gulf to the Great Lakes. 

Spanish Boundary. — The third article of the 
Florida treaty related to the boundary line be¬ 
tween the United States and the Spanish prov¬ 
inces of North America. It established this line 
as follows: — 

Beginning on the Gulf of Mexico at the mouth 
of the Sabine River, and following up that river 
to a certain point, thence due north, on the line 
which is now the boundary line of Texas, to 
the Red River; thence up the Red River to lati¬ 
tude one hundred; thence due north to the 
Arkansas River, and up the Arkansas to its 
source ; thence due north to latitude forty-two, 
and westward upon that parallel to the Pacific 
Ocean. Spain relinquished all claim to the terri- 


GROWTH OF OUR COUNTRY. 167 

tory north and east of this line, and the United 
States relinquished to her all claim to the territory 
west and south of the line. This treaty gave us 
a stronger claim to the Oregon country, while we 
relinquished to Spain whatever claims we might 
have had to Texas. 

Annexation of Texas. — Texas declared her¬ 
self independent of Mexico in 1836; and in 1845, 
by joint resolution of Congress, ratified by the 
government of Texas, she was annexed to the 
United States. 

Purchase of Mexican Provinces. — The war 

with Mexico followed; and at the conclusion of 
that war, our army being entirely victorious, and 
having captured the city of Mexico, a treaty was 
made between us and that country by which 
Mexico relinquished to us her provinces of New 
Mexico and Upper California, for which we paid 
the sum of fifteen million dollars. In 1853, 
through General Gadsden, we purchased from 
Mexico an additional strip of territory called the 
Masilla Valley, south of the Gila River, and now 
known as the Gadsden Purchase. For this strip 
we paid Mexico the sum of ten million dollars. 

The Discovery of Gold. — Almost simultane¬ 
ously with the news of the treaty with Mexico 
came the report of the discovery of gold in 


i68 


GROWTH OF OUR COUHTRY. 


California. The “gold fever” spread rapidly 
throughout the country, and in 1849 and 1850 
thousands of persons flocked from all sections 
to the California coast in search of gold. 

The state government was organized, and 
California was admitted as one of the states of 
the Union in 1850. 

The Size of these Additions. — The annexa¬ 
tion of Texas, with her original boundaries, gave 
us about three hundred thousand square miles; 
and the purchase of the Mexican provinces gave 
us six hundred thousand square miles more, so 
that our territory by this means was increased 
to the extent of another nine hundred thousand 
square miles. 

The Oregon Country. — Our title to Oregon 
is based upon several claims, as follows: — 

1. By right of discovery (Captain Gray in 1792). 

2. By exploration (Lewis and Clark in 1805-6). 

3. By first settlement (Astoria in 18 ii). 

4. By purchase from France in 1803 of whatever 
claim she might have had to the country. 

5. By purchase from Spain, in the Florida treaty, 
1819, of all her right to this territory north of latitude 
forty-two. 

6. By treaty with Great Britain in 1846, by which 
she yielded to us all her claim to the country south of 
latitude forty-nine. 


GROWTH OF OUR COUNTRY. 


169 

This country included what to-day is com¬ 
prised in the states of Oregon, Washington, and 
Idaho, and embraces about three hundred thou¬ 
sand square miles. Many parts of it are of the 
greatest fertility, with a mild and equable climate, 
forming in all respects one of the most delightful 
countries in the world. 

Alaska. — In 1867 our government, through 
Secretary Seward, negotiated a treaty with the 
Russian government by which we obtained the 
entire territory of Alaska, comprising, in round 
numbers, about six hundred thousand square 
miles. We paid for this territory the sum of 
seven million two hundred thousand dollars. 
This is our latest addition. 

Our Present Whole Country. — Our country 
now embraces about 3,600,000 square miles. Its 
eastern limits are the Atlantic Ocean; its west¬ 
ern, the Pacific Ocean; its southern boundary 
is upon the Gulf of Mexico, and its northern 
is the Arctic Ocean. It extends through about 
one hundred and thirty degrees of longitude, and 
about forty-five degrees of latitude. It may be 
considered as embraced in four nearly equal divi¬ 
sions. The first part, being a little less than a 
quarter of the whole, includes the original terri¬ 
tory east of the Mississippi River; the second 


I/O GROWTH OF OUR COUNTRY. 

quarter, of about 900,000 square miles, embraces 
the Province of Louisiana; the third quarter con¬ 
sists of the original Texas, about 300,000 square 
miles, and the Mexican cessions of about 600,000 
more; the fourth quarter includes the Oregon 
country, about 300,000 square miles, and Alaska, 
about 600,000 more. 

Our Present Condition. — The entire extent 
of our country at the present time is 3,603,884 
square miles. This is divided into forty-four 
states, six territories, and one federal district. 
The states proper include about 2,800,000 square 
miles, and the territories 800,000 square miles. 
The aggregate population is not far from 64,000,- 
000, of which about 63,000,000 are in the states, 
and nearly 1,000,000 in the territories, including 
the District of Columbia. The densest popula¬ 
tion is in the State of Rhode Island, which 
averages about two hundred and fifty per square 
mile. If the entire country had a population as . 
dense as Rhode Island, it would contain over 
900,000,000, or about three-fifths of the present 
population of the globe. 


GROWTH OF OUR COUNTRY. 


171 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. What was the original extent of the United States 
territory ? 

2. Describe the Treaty of Paris. 

3. Discuss the weakness of the Articles of Confederation. 

4. Write a brief account of the purchase of the Province 
of Louisiana. 

5. When was Florida purchased, of whom, and for what 
price ? 

6. Describe the third article of the Treaty of Florida. 

7. Give some account of the annexation of Texas. Of the 
purchase of New Mexico and California. 

8. Tell something about the discovery of gold in California, 
and its effects upon the country. 

9. Upon what various grounds did we lay claim to the 
Oregon country ? 

10. When was Alaska purchased; by whom, of whom, at 
what price, and what was its extent? 

11. Describe the present extent of our whole country: its 
aggregate size and its aggregate population. 


BLACKBOARD OUTLINE. 


RULES OF PROCEDURE FOR DELIBERATIVE ASSEMBLIES. 

Formation of a Society. 

Form of a Constitution. 

Election of Officers. 

Officers and their Duties. 

Transaction of Business, 


172 



CHAPTER VII. 


RULES OF PROCEDURE FOR DELIBERATIVE 
ASSEMBLIES. 

Section L 

FORMATION OF A SOCIETY. 

This is a country of majorities. The funda¬ 
mental principle of our government is that the 
majority vote shall dominate. Deliberative as¬ 
semblies are numerous throughout the land, from 
the Senate of the United States to the boys’ de¬ 
bating society in the school. Every pupil in the 
upper classes of the grammar school should learn 
how to transact business in an orderly manner in 
an organized meeting. 

The Senate of the United States, the National 
House of Representatives, the State Senate and 
House, the town meeting, the agricultural and 
the historical society, the county convention, the 
village lyceum, all are governed by “ Rules of 
Order.” The rules of the Senate are fixed and 
well known. The rules of the House are adopted 
by each Congress. 


73 


174 


RULES OF PROCEDURE. 


“ Cushing’s Manual,” “Jefferson’s Manual,’’and 
Barclay’s “ Digest of the Rules and Practice of 
the House of Representatives, U. S.,” are well- 
known treatises on “ Rules of Procedure.” 

Let us suppose that the pupils of a certain 
school are about to form a debating society. 
The proper method would be for a number of 
persons interested in the matter to sign and post 
in the school-house a call for a meeting to organ¬ 
ize such a society. Notice might, however, be 
given in some other manner; for example, at the 
request of several pupils, the teacher could give 
notice that all persons interested in effecting such 
an organization are requested to meet at such a 
time and place. If a written notice were posted, 
then the time having arrived, and the company 
being assembled, some one who had signed the 
call should call the meeting to order. Then the 
call may be read. Next a chairman should be 
chosen, on nomination, and a majority vote. A 
majority vote means a majority of all votes cast. 
A plurality means a larger number than any other 
one candidate has received. Blank ballots are not 
votes, and should not be counted as such. The 
chairman, being elected, takes the chair, and calls 
for the nomination of a secretary. When the sec¬ 
retary is elected, the meeting is duly “ organized.” 

It would then be proper to call for the appoint- 


RULES OF PROCEDURE. 


175 


ment of a committee to draft a “ Constitution ” 
and “ By-Laws.” The meeting might then ad¬ 
journ to a certain time and place, or to the call 
of the chairman, or to the call of the committee. 

Report of the Committee. — At the next meet¬ 
ing the “ Committee on Constitution ” reports a 
draft for constitution and by-laws, which, after 
discussion and amendments, may be adopted. 

Form of a Constitution. — The following will 
indicate the ordinary form of a constitution. Of 
course every constitution will have some dis¬ 
tinguishing features differing from every other 
one. 


CONSTITUTION OF THE CHICKATAWBUT 
DEBATING CLUB. 

Article I. 

NAME. 

The name of this organization shall be the Chickataw- 
Dut Debating Club. 


Article II. 

OBJECT. 

The object of the club shall be to improve its mem¬ 
bers in the art of public speaking and conducting affairs 
in a deliberative assembly. 


76 


RULES OF PROCEDURE, 


Article III. 

MEMBERS. 

Section i. Membership in this club is confined 
exclusively to the members of the senior class in the 

-Grammar School, in the town (or city) of- } 

Section 2. Any member of said class in said school 
desiring to become a member of this club, should make 
application to the Executive Committee, and, being 
recommended by said committee, and receiving a two- 
thirds vote of the members of the club present at any 
regular meeting shall be constituted a member by sign¬ 
ing the constitution. 


Article IV. 

OFFICERS. 

Section i. The officers of the club shall consist of a 
President, a Vice-President, a Secretary, a Treasurer, 
and an Executive Committee, composed of the above- 
named officers and three other members. 

Section 2. All officers shall be elected by ballot at 
the first meeting of each school year. 

Section 3. The Executive Committee shall have the 
general management of the affairs of the club. 

Section 4. It shall be the duty of the President, 
Vice-President, Secretary, and Treasurer faithfully to 
discharge the duties usually required of such officers in 
an association of this character. The President shall 
be chairman of the Executive Committee. 

1 This draft of a constitution is designed to fit a large graded grammar 
school. For a high school, or an ungraded school, the necessary changes 
from this form will readily suggest themselves to suit the particular 
school. 




RULES OF PROCEDURE. 


77 


The Secretary shall give notice of the regular meet¬ 
ings, and of any special meetings called by the Presi¬ 
dent, by posting upon the bulletin board in the school- 
house a written notice at least twenty-four hours prior 
to the time for said meeting. 

Article V. 

FINANCE. 

Section i. The annual membership fee shall be-, 

which shall be payable at the first meeting in each 
school year. 

Section 2. Any member who shall not have paid 
his dues on or before the first regular meeting in De¬ 
cember shall be notified by the treasurer that unless 
such dues are paid by the date of the first meeting in 
January his name shall be dropped from the member¬ 
ship of the club. 

Section 3. No bills shall be paid by the treasurer 
till they are audited by the president.^ 

Article VI. 

MEETINGS. 

Section i. The regular meetings of this club shall 
be on the second and fourth Friday evenings of each 
month, during term time. 

Section 2. Special meetings may be called by the 
president, and he shall call a special meeting at the 
request in writing of three members of the club. 

1 In societies where the treasurer handles large sums of money, it is 
common to have an auditor, as a special officer of the society. 



178 


RULES OF PROCEDURE, 


Article VII. 

AMENDMENTS. 

This constitution may be altered or amended by a 
two-thirds vote of the members present at any regular 
meeting of the club, notice of such alteration or amend¬ 
ment having been given in writing at a previous regular 
meeting. 

The above will serve as a model by which the 
pupils in any school may frame a constitution to 
suit their own wants. 

When the constitution has been reported by 
the committee, it should be read throughout, and 
then discussed article by article. When each 
article has been duly considered, and such amend¬ 
ments as might be proposed have been adopted 
or rejected, the article should be adopted, and 
then the next, and so on, until the entire consti¬ 
tution has been adopted by articles. It should 
then be adopted as a whole. 

Election of Officers. — After the adoption of 
the constitution, the first business in order will 
be the election of officers. As each officer is 
elected, he replaces the temporary one, and when 
they are all elected the organization is completed. 

In most cases the constitution provides some 
form for the admission of members. It is quite 
common for associations to require that each 
member shall sign his name to the constitution. 


RULES OF PROCEDURE. 


179 


Section IL 

OFFICERS AND THEIR DUTIES. 

Chairman or President. — It is the duty of 
the Chairman to call the meeting to order at the 
appointed time, to preside at all the meetings, to 
announce the business before the assembly in its 
proper order, to state and put all questions prop¬ 
erly brought before the assembly, to preserve 
order and decorum, and to decide all questions of 
order (subject to an appeal). When he “ puts a 
question ” to vote, and when speaking upon an 
appeal, he should stand ; in all other cases he can 
sit. In all cases where his vote would affect the 
result, or where the vote is by ballot, he can vote. 
When a member rises to speak, he should say, 
“ Mr. Chairman,” and the Chairman should reply, 
“ Mr. A.” He should not interrupt a speaker 
so long as he is in order, but should listen to his 
speech, which should be addressed to him and 
not to the assembly. The Chairman should be 
careful to abstain from the appearance of par¬ 
tisanship, but he has the right to call another 
member to the chair while he addresses the 
assembly on a question; but when speaking to 
a question of order he does not leave the chair. 

The Clerk, Secretary, or Recording Secretary, 

as he is variously called, should keep a record of 


i8o 


RULES OF PROCEDURE. 


the proceedings of the convention, society, or as¬ 
sociation, whose officer he is. It is not his duty 
to record discussions, but only the resolutions, 
motions, orders, or whatever the action of the soci¬ 
ety may be called. He should record every vote, 
stating whether the motion or resolution which 
had been offered was adopted or rejected. 

It is sometimes customary in the records to 
say that the question was discussed by Messrs. 
A., B., and C. in the affirmative, and D., E., and 
F. in the negative. 

It is necessary for an inexperienced secretary 
to keep constantly in mind in making his records 
the fact that he is to record not what was said 
but what was done. Above all, he should never 
make in his minutes any criticism, favorable or 
unfavorable, upon anything that was said or done 
in the meeting. 

The Form of the Minutes can be as follows: — 

“The regular meeting of the Chickatawbut Club was 
held in the school-room, on Friday evening, May 9, 1890. 
The president was in the chair, and in the absence of 
the secretary, Mr. A. was chosen secretary pro tem. 
The minutes of the previous meeting were read and 
approved. The following persons were admitted by 
vote as members of the club, Messrs. A. B., C. D., 
E. F., and Misses G. H., I. J., and K. L.” 


RULES OF PROCEDURE. l8l 

The question for the evening was the follow¬ 
ing:— 

^'Resolved, That the explorations of Henry M. Stan¬ 
ley will prove of greater value to the world than the 
Arctic voyages of Dr. Kane. 

“The disputants upon the aflfirinative were Messrs. 
M. N., O. P., and R. S., and in the negative Mr. T. U., 
and Misses V. W., and X. Y. 

“The question was decided by a large majority in the 
affirmative. 

“ At five minutes before nine o’clock the club ad¬ 
journed. 

“ S- E- C-, Secretary'' 

The constitution, and, if there are any, the by¬ 
laws, rules of order, and standing rules should be 
written in a book with blank pages, writing only 
on the right-hand page. The left-hand page 
should be left blank, on which amendments to the 
articles opposite may be entered, if there should 
be any. Each amendment should have recorded 
with it a reference to the date and page of the 
minutes where the action of the society adopting 
such amendment is recorded. It is customary to 
insert the constitution, etc., in the first part of 
the society’s book, after which would be recorded 
the names of the members. Following these 
names the page can be used for the record of the 
minutes of the society. 


82 


RULES OF PROCEDURE. 


Treasurer. — It is the duty of this officer to 
collect and hold the funds belonging to the 
society, and to pay out money on the order of 
the proper officer. 

The treasurer should make a report annually 
to the society, which report should contain a 
statement of the amount of money on hand at the 
beginning of the year and amount received dur¬ 
ing the year, including the sources through which 
the money has come ; and a statement in brief of 
the amount of money paid out by order of the 
society and the balance on hand at the end of the 
year. This report is usually referred to an audit¬ 
ing committee, consisting of one or more persons, 
whose duty it is to examine the treasurer’s books 
and vouchers, and make a certificate as to the 
correctness of his report. The form of auditor’s 
report is usually something like the following: — 

“ I hereby certify that I have examined the accounts 

and vouchers of the above report of T-R-, the 

treasurer of the Chickatawbut Club, and find them cor¬ 
rect, and that the balance on hand is,” etc., stating the 
amount on hand. 

It is usual after the auditor’s report has been 
read to accept the treasurer’s report. 

Committees. — In small societies there is less 
need of committees, but in permanent organiza¬ 
tions, like the National or State Senate or House, 


RULES OF PROCEDURE. 


83 


Common Council in a city, or school committee, 
nearly all matters of business should be referred 
to appropriate committees. These sub-commit¬ 
tees examine the matters referred to them and 
report to the entire body. When a committee 
thus reports, it is usual for the body to accept its 
report, and unless special objections appear, to 
adopt its recommendations. 

The first-named member of a committee is 
usually its chairman. It is his duty to call the 
committee together and to preside at their meet¬ 
ings. If he is absent it is customary for the next 
member in order to preside. A majority of a 
committee should constitute a quorum. The 
committee should not act unless a quorum be 
present. The committee may make a majority 
and minority report if the members do not agree. 
When a majority and a minority report have 
been presented to a body, it is competent for any 
member to move the acceptance of the majority 
report. It is proper for some other member to 
move to substitute the minority for the majority 
report. The minority report cannot be acted 
upon except by such motion to substitute it for 
the majority. When the committee’s report has 
been read and accepted, the committee is dis¬ 
charged, without further motion, unless their 
report be a report of progress. 


184 


RULES OF PROCEDURE. 


Section III. 

TRANSACTION OF BUSINESS. 

Every order, resolution, or motion to be sub¬ 
mitted to a deliberative assembly should be in 
writing, and having been read should be handed 
to the president. 

The following will illustrate the form of a reso¬ 
lution : — 

''Resolved. — That the thanks of the Chickatawbut 
Club are hereby tendered to the principal of our school, 
Mr. A. B., for his timely, interesting, and useful address, 
to which we have just listened.” 

The person desirous of offering this resolution 
should rise from his seat and address the chair¬ 
man by his title, thus “ Mr. President,” or “ Mr. 
Chairman,” who immediately recognizes him and 
announces his name. He, then, having the floor, 
says “ I move the adoption of the following reso¬ 
lution,” which he reads and hands to the chair¬ 
man. Some one else seconds the motion, and the 
chairman says, “ It has been moved and seconded 
that the following resolution be adopted.” He 
then reads the resolution, and, says, “ Are there any 
remarks upon the resolution ” Here will follow 
a discussion of the resolution pro and con, if the 
members should be so disposed. If no one rises 


RULES OF PROCEDURE. 


185 


to speak when the question is thrown open for 
discussion, or it having been discussed and the 
president thinks the debate is closed, he says, 
“ Are you ready for the question ? ” If no one 
rises to speak, he puts the question in a form 
similar to the following: “ The question is upon 
the adoption of the resolution which you have 
heard read. Those of you who are in favor of 
adopting this resolution will manifest it by saying 
‘ Aye ’; those contrary minded, ‘ No.’ It is a vote, 
and the resolution is adopted.” If the majority 
vote in the negative, the chairman will state that 
the resolution is lost. If he is in doubt, he will 
say, “ The chair is in doubt, those in favor of the 
adoption of the resolution will rise and stand 
until counted.” The president or the secretary 
makes the count. Those opposed will rise.” 
The chairman announces the result. 

A debating society like the one proposed above 
will prove of great service to young persons at 
school. They will not only improve themselves 
in the ability to speak before others, and present 
their thoughts in a clear and forcible manner, but 
they will rapidly improve their power to think 
upon any question which may be presented to 
their minds for consideration. Not the least 
advantaee will be found to consist in their be- 
coming familiar with proper methods of transact- 


RULES OF PROCEDURE. 


186 

ing business in a deliberative assembly. Every 
such young person should familiarize himself with 
all points connected with rules of order, and such 
persons are specially advised to make themselves 
familiar with some one or more of the books 
heretofore recommended on this subject. 


QUESTIONS, TOPICS, AND SUGGESTIONS FOR 
REVIEW. 

Designed to recall what has been learned and to suggest further 
thought, reading, and study. 

1. Why is this a country of Majorities ” ? 

2. Describe the method of forming a society. 

3. What are the essential officers? 

4. Method of electing officers. 

5. Duties of President. 

6. Duties of Secretary. 

7. Duties of Treasurer. 

8. Why have an Auditor? 

9. Write a form for auditing the Treasurer’s annual report- 

10. Write a form of “ Minutes ” of a meeting. 

11. Write a ^‘Resolution,” extending the thanks of the 
society for a lecture. 



APPENDIX. 


THE CONSTITUTION OF THE UNITED 
STATES OF AMERICA. 

We the People of the United States, in order to form a more 
perfect Union, establish Justice, insure domestic Tranquillity, 
provide for the common defence, promote the general Wel¬ 
fare, and secure the Blessings of Liberty to ourselves and our 
Posterity, do ordain and establish this Constitution for the 
United States of America. 

ARTICLE. I. 

Section, i. All legislative Powers herein granted shall be 
vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Section. 2. i^’^The House of Representatives shall be com¬ 
posed of Members chosen every second year by the People of 
the several States, and the Electors in each State shall have 
the Qualifications requisite for Electors of the most numerous 
Branch of the State Legislature. 

No person shall be a Representative who shall not have 
attained to the Age of twenty five years, and been seven Years 

[Note.—T he small figures in brackets are not in the original, but 
have been added subsequently, to mark the different clauses in a section. 
In reprinting the constitution here, the spelling, punctuation, and capitali¬ 
zation of the original have been preserved.] 


187 


188 CONSTITUTION OF THE UNITED STATES. 

a Citizen of the United States, and who shall not, when 
elected, be an Inhabitant of that State in which he shall be 
chosen. 

Representatives and direct Taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective Numbers, which shall be 
determined by adding to the whole Number of free Persons, 
including those bound to Service for a Term of Years, and 
excluding Indians not taxed, three fifths of all other Persons. 
The actual Enumeration shall be made within three Years after 
the first Meeting of the Congress of the United States, and 
within every subsequent Term of ten Years, in such Manner as 
they shall by Law direct. The Number of Representatives 
shall not exceed one for every thirty Thousand, but each State 
shall have at Least one Representative; and until such enum¬ 
eration shall be made, the State of New Hampshire shall be 
entitled to chuse three, Massachusetts eight, Rhode-Island and 
Providence Plantations one, Connecticut five, New-York six. 
New Jersey four, Pennsylvania eight, Delaware one, Maryland 
six, Virginia ten. North Carolina five. South Carolina five, and 
Georgia three. 

When vacancies happen in the Representation from any 
State, the Executive Authority thereof shall issue Writs of Elec¬ 
tion to fill such Vacancies. 

■^^^The House of Representatives shall chuse their Speaker 
and other officers; and shall have the sole Power of Impeach¬ 
ment. 

vSection. 3. '^^^The Senate of the United States shall be 
composed of two Senators from each State, chosen by the 
Legislature thereof, for six Years ; and each Senator shall have 
one Vote. 

Immediately after they shall be assembled in Consequence 
of the first Election, they shall be divided as equally as may be 
into three Classes. The Seats of the Senators of the first Class 


CONSTITUTION OF THE UNITED STATES. 189 


shall be vacated at the Expiration of the second Year, of the 
second Class at the Expiration of the fourth Year, and of the 
third class at the Expiration of the sixth Year, so that one-third 
may be chosen every second Year; and if Vacancies happen 
by Resignation, or otherwise, during the Recess of the Legis¬ 
lature of any State, the Executive thereof may make temporary 
Appointments until the next Meeting of the Legislature, which 
shall then fill such Vacancies. 

No person shall be a Senator who shall not have attained 
to the Age of thirty Years, and been nine Years a Citizen of 
the United States, and who shall not, when elected, be an In¬ 
habitant of that State for which he shall be chosen. 

The Vice President of the United States shall be President 
of the Senate, but shall have no Vote, unless they be equally 
divided. 

•^^^The Senate shall chuse their other Officers, and also a 
President pro tempore, in the Absence of the Vice President, 
or when he shall exercise the Office of President of the United 
States. 

The Senate shall have the sole Power to try all Impeach¬ 
ments. When sitting for that Purpose, they shall be on Oath 
or Affirmation. When the President of the United States is 
tried, the Chief Justice shall preside : And no Person shall be 
convicted without the Concurrence of two thirds of the Mem¬ 
bers present. 

Judgment in Cases of Impeachment shall not extend fur¬ 
ther than to removal from Office, and Disqualification to hold 
and enjoy any Office of honour. Trust or Profit under the 
United States : but the Party convicted shall nevertheless be 
liable and subject to Indictment, Trial, Judgment and Punish¬ 
ment, according to Law. 

Section. 4. '^^^The Times, Places and Manner of holding 
Elections for Senators and Representatives, shall be prescribed 
in each State by the Legislature thereof; but the Congress may 


190 CONSTITUTION OF THE UNITED STATES. 


at any time by Law make or alter such Regulations, except as 
to the places of chusing Senators. 

■^^^The Congress shall assemble at least once in every Year, 
and such Meeting shall be on the first Monday in December, 
unless they shall by Law appoint a different Day. 

Section. 5. Each House shall be the Judge of the Elec¬ 
tions, Returns and Qualifications of its own Members, and a 
Majority of each shall constitute a Quorum to do Business; but 
a smaller Number may adjourn from day to day, and may be 
authorized to compel the Attendance of absent Members, in 
such Manner, and under such Penalties as each House may 
provide. 

Each House may determine the Rules of its Proceed¬ 
ings, punish its Members for disorderly Behaviour, and, with 
the Concurrence of two thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, and 
from time to time publish the same, excepting such Parts as 
may in their Judgment require Secrecy; and the Yeas and 
Nays of the Members of either House on any question shall, 
at the Desire of one fifth of those Present, be entered on the 
Journal. 

Neither House, during the Session of Congress, shall, 
without the Consent of the other, adjourn for more than three 
days, nor to any other Place than that in which the two Houses 
shall be sitting. 

Section. 6. The Senators and Representatives shall receive 
a Compensation for their Services, to be ascertained by Law, 
and paid out of the Treasury of the United States. They 
shall in all Cases, except Treason, Felony and Breach of the 
Peace, be privileged from Arrest during their Attendance at 
the Session of their respective Houses, and in going to and 
returning from the same; and for any speech or debate in 
either House, they shall not be questioned in any other 
Place. 


CONSTITUTION OF THE UNITED STA TES. 191 


No Senator or Representative shall, during the Time for 
which he was elected, be appointed to any civil Office under 
the Authority of the United States, which shall have been 
created, or the Emoluments whereof shall have been encreased 
during such time; and no Person holding any Office under the 
United States, shall be a Member of either House during his 
Continuance in Office. 

Section. 7. All Bills for raising Revenue shall originate in 
the House of Representatives; but the Senate may propose or 
concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Repre¬ 
sentatives and the Senate, shall, before it become a Law, be 
presented to the President of the United States; If he approve 
he shall sign it, but if not he shall return it, with his Objections 
to that House in which it shall have originated, who shall enter 
the Objections at large on their Journal, and proceed to recon¬ 
sider it. If after such Reconsideration two thirds of that 
House shall agree to pass the Bill, it shall be sent, together 
with the Objections, to the other House, by which it shall like¬ 
wise be reconsidered, and if approved by two thirds of that 
House, it shall become a Law. But in all such cases the Votes 
of both Houses shall be determined by yeas and Nays, and the 
Names of the Persons voting for and against the Bill shall be 
entered on the Journal of each House respectively. If any 
Bill shall not be returned by the President within ten Days 
(Sundays excepted) after it shall have been presented to him, 
the same shall be a law, in like Manner as if he had signed it, 
unless the Congress by their Adjournment prevent its Return, 
in which Case it shall not be a Law. 

Every Order, Resolution, or Vote to which the Concur¬ 
rence of the Senate and House of Representatives may be 
necessary (except on a question of Adjournment) shall be 
presented to the President of the United States; and before 
the Same shall take Effect, shall be approved by him, or being 


192 CONSTITUTION OF THE UNITED STATES. 


disapproved by him, shall be repassed by two thirds of the 
Senate and House of Representatives, according to the Rules 
and Limitations prescribed in the Case of a Bill. 

Section. 8 . The Congress shall have Power 

■^’^To lay and collect Taxes, Duties, Imposts and Excises, to 
pay the Debts and provide for the common Defence and gen¬ 
eral Welfare of the United States; but all Duties, Imposts and 
Excises shall be uniform throughout the United States; 

'^-^To borrow Money on the credit of the United States; 

‘^'^^To regulate Commerce with foreign Nations, and among 
the several States, and with the Indian Tribes; 

■^‘‘^To establish an uniform Rule of Naturalization, and uni¬ 
form Laws on the subject of Bankruptcies throughout the 
United States; 

i^'^^To coin Money, regulate the Value thereof, and of foreign 
Coin, and fix the Standard of Weights and Measures; 

^‘’'^To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States; 

^’^^To establish Post Offices and post Roads; 

i^^^To promote the progress of Science and useful Arts, by 
securing for limited Times to Authors and Inventors the exclu¬ 
sive Right to their respective Writings and Discoveries ; 

‘^'^^To constitute Tribunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed on 
the high Seas, and Offences against the Law of Nations; 

'^"^To declare War, grant letters of Marque and Reprisal, 
and make Rules concerning Captures on Land and Water; 

■^^-^To raise and support Armies, but no Appropriation of 
IMoney to that Use shall be for a longer Term than two Years; 

'^’■‘^^To provide and maintain a Navy; 

To make Rules for the Government and Regulation of 
the land and naval Forces; 

'^^^^To provide for calling forth the Militia to execute the Laws 
of the Union, suppress Insurrections and repel Invasions; 


CONSTITUTION OF THE UNITED STATES. 193 


provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be em¬ 
ployed in the Service of the United States, reserving to the 
States respectively, the Appointment of the Officers, and the 
Authority of training the Militia according to the Discipline 
prescribed by Congress; 

exercise exclusive Legislation in all Cases whatsoever, 
over such District (not exceeding ten Miles square) as may, 
by Cession of particular States, and the Acceptance of Con¬ 
gress, become the Seat of the Government of the United 
States, and to exercise like Authority over all Places purchased 
by the Consent of the Legislature of the State in which the 
Same shall be, for the Erection of Forts, Magazines, Arsenals, 
Dock-Yards, and other needful Buildings ; —And 

make all Laws which shall be necessary and proper 
for carrying into Execution the foregoing Powers, and all other 
Powers vested by this Constitution in the Government of the 
United States, or in any Department or Officer thereof. 

Section. 9. ‘^‘^The Migration or Importation of such Persons 
as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the Year one 
thousand eight hundred and eight, but a Tax or Duty may be 
imposed on such Importation, not exceeding ten dollars for 
each Person. 

■^-^The Privilege of the Writ of Habeas Corpus shall not be 
suspended, unless when in Cases of Rebellion or Invasion the 
public Safety may require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct. Tax shall be laid, unless 
in Proportion to the Census or Enumeration herein before 
directed to be taken. 

■^^^No Tax or Duty shall be laid on Articles exported from 
any State. 

[6] Preference shall be given by any Regulation of Com- 


194 CONSTITUTION OF THE UNITED STATES. 


merce or Revenue to the Ports of one State over those of 
another: nor shall Vessels bound to, or from, one State, be 
obliged to enter, clear, or pay Duties in another. 

Money shall be drawn from the Treasury, but in Con¬ 
sequence of Appropriations made by Law; and a regular State¬ 
ment and Account of the Receipts and Expenditures of all 
public Money shall be published from time to time. 

No Title of Nobility shall be granted by the United States : 
And no Person holding any Office of Profit or Trust under 
them, shall, without the Consent of the Congress, accept of 
any present. Emolument, Office, or Title, of any kind what¬ 
ever, from any King, Prince, or foreign State. 

Section, io. '^^^No State shall enter into any Treaty, Alliance, 
or Confederation ; grant Letters of Marque and Reprisal; coin 
Money; emit Bills of Credit; make any Thing but gold and 
silver Coin a Tender in Payment of Debts; pass any Bill of 
Attainder, ex post facto Law, or Law impairing the Obligation 
of Contracts, or grant any Title of Nobility. 

■^“^No State shall, without the consent of the Congress, lay 
any Imposts or Duties on Imports or Exports, except what 
may be absolutely necessary for executing it’s inspection Laws : 
and the net Produce of all Duties and Imposts, laid by any 
State on Imports or Exports, shall be for the Use of the 
Treasury of the United States; and all such Laws shall be sub¬ 
ject to the Revision and Controul of the Congress. 

No State shall, without the Consent of Congress, lay any 
Duty of Tonnage, keep Troops, or Ships of War in time of 
Peace, enter into any Agreement or Compact with another 
State, or with a foreign Power, or engage in War, unless actually 
invaded, or in such imminent Danger as will not admit of 
Delay. 

ARTICLE. II. 

Section, i. ^^^^The executive Power shall be vested in a 
President of the United States of America. He shall hold his 


CONSTITUrrON- OF THE UmTED STATES. IQS 


Office during the Term of four Years, and, together with the 
Vice President, chosen for the same Term, be elected, as fol¬ 
lows 

Each State shall appoint, in such Manner as the Legisla¬ 
ture thereof may direct, a Number of Electors, equal to the 
whole Number of Senators and Representatives to which the 
State may be entitled in the Congress : but no Senator or Rep¬ 
resentative, or Person holding an Office of Trust or Profit under 
the United States, shall be appointed an Elector. 

* The Electors shall meet in their respective States, and 
vote by Ballot for two Persons, of whom one at least shall not 
be an Inhabitant of the same State with themselves. And 
they shall make a List of all the Persons voted for, and of the 
Number of Votes for each; which List they shall sign and cer¬ 
tify, and transmit sealed to the Seat of the Government of the 
United States, directed to the President of the Senate. The 
President of the Senate shall, in the Presence of the Senate and 
House of Representatives, open all the Certificates, and the 
Votes shall then be counted. The Person having the greatest 
Number of Votes shall be the President, if such Number be a 
Majority of the whole Number of Electors appointed; and if 
there be more than one who have such Majority and have an 
equal number of Votes, then the House of Representatives shall 
immediately chuse by Ballot one of them for President; and if 
no Person have a Majority, then from the five highest on the 
List the said House shall in like manner chuse the President. 
But in chusing the President, the Votes shall be taken by 
States, the Representation from each State having one Vote; a 
Quorum for this Purpose shall consist of a Member or Mem¬ 
bers from two thirds of the States, and a Majority of all the 
States shall be necessary to a choice. In every Case, after the 
Choice of the President, the Person having the greatest Number 

* This clause has been superseded by the 12th amendment, on page 80. 


^ 9 ^ CONSTlTUTIOISr OF THE UmTED STATES. 


of Votes of the Electors shall be the Vice President. But if 
there should remain two or more who have equal Votes, the 
Senate shall chuse from them by Ballot the Vice President. 

^^^The Congress may determine the Time of chusing the 
Electors, and the Day on which they shall give their Votes ; 
which Day shall be the same throughout the United States. 

[5] ;^o Person except a natural born Citizen, or a Citizen of 
the United States, at the time of the Adoption of this Constitu¬ 
tion, shall be eligible to the Office of President; neither shall 
any Person be eligible to that Office who shall not have attained 
to the Age of thirty five Years, and been fourteen Years a Resi¬ 
dent within the United States. 

In Case of the Removal of the President from Office, or 
of his Death, Resignation, or Inability to discharge the Powers 
and Duties of the said office, the same shall devolve on the 
Vice President, and the Congress may by Law provide for the 
Case of Removal, Death, Resignation, or Inability, both of the 
President and Vice President, declaring what Officer shall then 
act as President, and such Officer shall act accordingly, until 
the Disability be removed, or a President shall be elected. 

^’^The President shall, at stated Times, receive for his ser¬ 
vices, a Compensation, which shall neither be encreascd nor 
diminished during the Period for which he shall have been 
elected, and he shall not receive within that Period any other 
Emolument from the United States, or any of them. 

Before he enter on the Execution of his Office, he shall 
take the following Oath or Affirmation : — 

“ I do solemnly swear (or affirm) that I will faithfully exe- 
“ cute the Office of President of the United States, and will to 
“ the best of my Ability, preserve, protect and defend the Con- 
stitution of the United States.” 

Section. 2. ^’^The President shall be Commander in Chief 
of the Army and Navy of the United States, and of the Militia 
of the several States, when called into the actual Service ’ of the 


CONSTITUTION OF THE UNITED STATES. I97 


United States; he may require the Opinion, in writing, of the 
principal Officer in each of the executive Departments, upon 
any Subject relating to the Duties of their respective Offices, 
and he shall have Power to grant Reprieves and Pardons for 
Offences against the United States, except in Cases of Impeach¬ 
ment. 

He shall have Power, by and with the Advice and Con¬ 
sent of the Senate, to make Treaties, provided two thirds of the 
Senators present concur; and he shall nominate, and by and 
with the Advice and Consent of the Senate, shall appoint Am¬ 
bassadors, other public Ministers and Consuls, Judges of the 
supreme Court, and all other Officers of the United States, 
whose Appointments are not herein otherwise provided for, and 
which shall be established by Law : but the Congress may by 
Law vest the Appointment of such inferior Officers, as they 
think proper, in the President alone, in the Courts of Law, or 
in the Heads of Departments. 

The President shall have Power to fill up all Vacancies that 
may happen during the Recess of the Senate, by granting Com¬ 
missions which shall expire at the End of their next Session. 

Section. 3. Lie shall from time to time give to the Congress 
Information of the State of the Union, and recommend to their 
Consideration such Measures as he shall judge necessary and 
expedient; he may, on extraordinary Occasions, convene both 
Houses, or either of them, and in Case of Disagreement be¬ 
tween them, with Respect to the time of Adjournment, he may 
adjourn them to such Time as he shall think proper; he shall 
receive Ambassadors and other public Ministers; he shall take 
Care that the Laws be faithfully executed, and shall Commis¬ 
sion all the officers of the United States. 

Section. 4. The President, Vice President and all civil Offi¬ 
cers of the United States, shall be removed from Office on Im¬ 
peachment for, and Conviction of. Treason. Bribery, or other 
high Crimes and Misdemeanors. 


98 CONSTITUTION OF THE UNITED STATES. 


ARTICLE. III. 

Section, i. The Judicial Power of the United States, shall 
be vested in one supreme Court, and in such inferior Courts as 
the Congress may from time to time ordain and establish. The 
Judges, both of the supreme and inferior Courts, shall hold 
their Offices during good Behavior, and shall, at stated Times, 
receive for their Services, a Compensation which shall not be 
diminished during their Continuance in Office. 

Section. 2. *^^^The Judicial Power shall extend to all Cases, 
in Law and Equity, arising under this Constitution, the Laws 
of the United States, and Treaties made, or which shall be 
made, under their Authority;—to all Cases affecting Ambassa¬ 
dors, other public Ministers and Consuls ; — to all Cases of ad¬ 
miralty and maritime Jurisdiction ; — to Controversies to which 
the United States shall be a Party; — to Controversies between 
two or more States; — between a State and Citizens of another 
State; — between Citizens of different States, — between Citi¬ 
zens of the same State claiming Lands under Grants of different 
States, and between a State, or the Citizens thereof, and foreign 
States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers 
and Consuls, and those in which a State shall be Party, the 
surpreme Court shall have original Jurisdiction. In all the 
other Cases before mentioned, the supreme Court shall have 
appellate Jurisdiction, both as to Law and Fact, with such Ex¬ 
ceptions, and under such Regulations as the Congress shall 
make. 

‘^■'^^The Trial of all Crimes, except in Cases of Impeachment, 
shall be by Jury; and such Trial shall be held in the State 
where the said Crimes shall have ^been committed; but when 
not committed within any State, the Trial shall be at such Place 
or Places as the Congress may by Law have directed. 

Section. 3. Treason against the United States, shall con- 


CONSTirUTION OF THE UNITED STATES. 


199 


sist only in levying War against them, or in adhering to their 
Enemies, giving them Aid and Comfort. No Person shall 
be convicted of Treason unless on the Testimony of two 
Witnesses to the same overt Act, or on Confession in open 
Court. 

The Congress shall have Power to declare the Punishment 
of Treason, but no Attainder of Treason shall work Corruption 
of Blood, or Forfeiture except during the Life of the Person 
attainted. 

ARTICLE. IV. 

Section, i. Full Faith and Credit shall be given in each 
State to the public Acts, Records, and judicial Proceedings of 
every other State. And the Congress may by general Laws 
prescribe the Manner in which such Acts, Records, and Pro¬ 
ceedings shall be proved, and the Effect thereof. 

Section. 2. '^'^The Citizens of each State shall be entitled to 
all Privileges and Immunities of Citizens in the several States. 

A Person charged in any State with Treason, Felony, or 
other Crime, who shall flee from Justice, and be found in another 
State, shall on Demand of the executive Authority of the State 
from which he fled, be delivered up, to be removed to the State 
having Jurisdiction of the Crime. 

[3] Person held to Service or Labour in one State, under 
the Laws thereof, escaping into another, shall, in Consequence 
of any Law or Regulation therein, be discharged from such Ser¬ 
vice or Labour, but shall be delivered up on Claim of the Party 
to whom such Service or Labour may be due. 

Section. 3. New States may be admitted by the Congress 
into this Union; but no new State shall be formed or erected 
within the Jurisdiction of any other State; nor any State be 
formed by the Junction of two or more States, or Parts of States, 
without the Consent of the Legislatures of the States concerned 
as well as of the Congress. 

The Congress shall have Power to dispose of and make all 


200 CONST/TC/r/ON' OF THE UNITED STATES. 


needful Rules and Regulations respecting the Territory or other 
Property belonging to the United States; and nothing in this 
Constitution shall be so construed as to Prejudice any Claims 
of the United States, or of any particular State. 

Section. 4. The United States shall guarantee to every State 
in this Union a Republican Form of Government, and shall pro¬ 
tect each of them against Invasion, and on Application of the 
Legislature, or of the Executive (when the Legislature cannot 
be convened) against domestic Violence. 

ARTICLE. V. 

The Congress, whenever two thirds of both Houses shall deem 
it necessary, shall propose Amendments to this Constitution, or, 
on the Application of the Legislatures of two thirds of the sev¬ 
eral States, shall call a Convention for proposing Amendments, 
which, in either Case, shall be valid to all Intents and Purposes, 
as Part of this Constitution, when ratified by the Legislatures of 
three fourths of the several States, or by Conventions in three 
fourths thereof, as the one or the other Mode of Ratification 
may be proposed by the Congress ; Provided that no Amend¬ 
ment which may be made prior to the Year one thousand eight 
hundred and eight shall in any Manner affect the first and fourth 
Clauses in the Ninth Section of the first Article ; and that no 
State, without its Consent, shall be deprived of its equal Suffrage 
in the Senate. 

ARTICLE. VI. 

All Debts contracted and Engagements entered into, before 
the Adoption of this Constitution, shall be as valid against the 
United States under this Constitution, as under the Confeder¬ 
ation. 

■^^^This Constitution, and the Laws of the United States which 
shall be made in Pursuance thereof; and all Treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme Law of the Land; and the Judges in every 


CONSTITUTION OF THE UNITED STATES. 201 


State shall be bound thereby, any Thing in the Constitution or 
Laws of any State to the Contrary notwithstanding. 

■^"'‘^The Senators and Representatives before mentioned, and 
the Members of the. several State Legislatures, and all executive 
and judicial Officers, both of the United States and of the sev¬ 
eral States, shall be bound by Oath or Affirmation, to support 
this Constitution; but no religious Test shall ever be required 
as a Qualification to any Office or public Trust under the United 
States. 


ARTICLE. VII. 


The Ratification of the Conventions of nine States, shall be 
sufficient for the Establishment of this Constitution between the 
States so ratifying the Same. 

Done in Convention by the Unanimous Consent of the States 
present the Seventeenth Day of September in the Year of 
our Lord one thousand seven hundred and Eighty seven 
and of the Independence of the United States of America 
the Twelfth. In Witness whereof We have hereunto 
subscribed our Names, 


G” WASHINGTON — 


Presidt and deputy from Virginia 


John Langdon 


NEW HAMPSHIRE. 

Nicholas Gilman 


Nathaniel Gorham 


MASSACHUSETTS. 

Rufus King 


CONNECTICUT. 


Wm Saml Johnson 


Roger Sherman 


NEW YORK. 


Alexander Hamilton 


NEW JERSEY. 


WiL Livingston 
Wm Paterson 


David Brearley 
J oNA Dayton 


202 


AMENDMENTS TO THE CONSTETUTION. 



PENNSYLVANIA. 

B Franklin 

Thomas Mifflin 

Robt Morris 

Geo Clymer 

Tho Fitzsimons 

Jared Ingersoll 

James Wilson 

Gouv Morris 


DELAWARE. 

Geo Read 

Gunning Bedford, Jun’r 

John Dickinson 

Richard Bassett 

Jaco Broom 

MARYLAND. 

James M’Henry 

Dan of St Thos Jenifer 

Dane Carroll 

VIRGINIA. 

John Blair 

James Madison, Jr 


NORTH CAROLINA. 

Wm Blount 

Rich’i) Dobbs Spaight 

IIu Williamson 

SOUTH CAROLINA. 

J Rutledge 

Charles Cotesworth Pinckney 

Charles Pinckney 

Pierce Butler 


GEORGIA. 

William Few 

Abr Baldwin 


Attest: WILLIAM JACKSON, Secretary. 


Articles in Addition to, and Amendment of, the 
Constitution of the United States of America, 

Proposed by Congress, and ratified by the Legislatut'es of the 
several States, pursuant to the fifth article of the original 
Constitution. 

(ARTICLE 1.) 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 



AMENDMENTS TO THE CONSTITUTION 


the freedom of speech, or of the press ; or the right of the peo¬ 
ple peaceably to assemble, and to petition the Government for a 
redress of grievances. 

(ARTICLE 11.) 

A well regulated Militia, being necessary to the security of a 
free State, the right of the people to keep and bear Arms, shall 
not be infringed. 

(ARTICLE III.) 

No Soldier shall, in time of peace be quartered in any house, 
without the consent of the Owner, nor in time of war, but in a 
manner to be prescribed by law. 

(ARTICLE IV.) 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no Warrants shall issue, but upon prob¬ 
able cause, supported by Oath or affirmation, and particularly 
describing the place to be searched, and the persons or things 
to be seized. 

(ARTICLE V.) 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a 
Grand Jury, except in cases arising in the land or naval forces, 
or in the Militia, when in actual service in time of War or pub¬ 
lic danger ; nor shall any person be subject for the same offence 
to be twice put in jeopardy of life or limb; nor shall be com¬ 
pelled in any Criminal Case to be a witness against himself, nor 
be deprived of life, liberty, or property, without due process of 
law; nor shall private property be taken for public use, without 
just compensation. 

(ARTICLE VI.) 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 


204 


AMENDMENTS TO THE CONSTITUTION. 


district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con¬ 
fronted with the witnesses against him ; to have Compulsory 
process for obtaining Witnesses in his favour, and to have the 
Assistance of Counsel for his defence. 

(ARTICLE VII.) 

In Suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise re-examined 
in any Court of the United States, than according to the rules of 
the common law. 

(ARTICLE VIII.) 

Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishments inflicted. 

(ARTICLE IX.) 

The enumeration in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

(ARTICLE X.) 

The powers not delegated to the United States by the Con¬ 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

(ARTICLE XL) 

The Judicial power of the United States shall not be con¬ 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by Citizens of an¬ 
other State, or by Citizens or Subjects of any Foreign State. 

(ARTICLE XII.) 

The Electors shall meet in their respective states, and vote 
by ballot for President and Vice-President, one of whom, at 


AMENDMENTS TO THE CONSTITUTION 205 


least, shall not be an inhabitant of the same state with them¬ 
selves ; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice-President, 
and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the government of 
the United States, directed to the President of the Senate; — 
The President of the Senate shall, in presence of the Senate 
and House of Representatives, open all the certificates and the 
votes shall then be counted; — The person having the greatest 
number of votes for President, shall be the President, if such 
number be a majority of the whole number of Electors ap¬ 
pointed ; and if no person have such majority, then from the 
persons having the highest numbers not exceeding three on the 
list of those voted for as President, the House of Representa¬ 
tives shall choose immediately, by ballot, the President. But 
in choosing the President, the votes shall be taken by states, 
the representation from each state having one vote; a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be 
necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall 
devolve upon them, before the fourth day of March next follow¬ 
ing, then the Vice-President shall act as President, as in the case 
of the death or other constitutional disability of the President. 
— The person having the greatest number of votes as Vice-Pres¬ 
ident, shall be the Vice-President, if such number be a majority 
of the whole number of Electors appointed, and if no person 
have a majority, then from the two highest numbers on the list, 
the Senate shall choose the Vice-President; a quorum for the 
purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be neces¬ 
sary to a choice. But no person constitutionally ineligible to 


2o6 amendments to the constitution 


the office of President shall be eligible to that of Vice-President 
of the United States. 

(ARTICLE XIII.) 

Section i. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

(ARTICLE XIV.) 

Section i. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States, and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty, or property 
without due process of law, nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the 
several States, according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the 
choice of electors for president and vice-president of the United 
States, representatives in Congress, the executive and judicial 
officers of a State, or the members of the legislature thereof, is 
denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or in 
any way abridged, except for participation in rebellion or other 
crimes, the basis of representation shall be reduced in the pro¬ 
portion which the number of such male citizens shall bear to 
the whole number of male citizens, twenty-one years of age, in 
such State. 

Sect. 3. No person shall be a senator or representative in 


AMENDMENTS TO THE CONSTITUTION. 20/ 


Congress, or elector of president or vice-president, or hold any 
office, civil or military, under the United States or under any 
State, who having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as a member 
of any State legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But Congress 
may by a vote of two-thirds of each house remove such disa¬ 
bility. 

Sect. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen¬ 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United 
States, nor any State, shall assume or pay any debt or obliga¬ 
tion incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any 
slave; but all such debts, obligations, and claims shall be held 
illegal and void. 

Sect. 5. The Congress shall have power to enforce by appro¬ 
priate legislation the provisions of this article. 

(ARTICLE XV.) 

Section i. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of servi¬ 
tude. 

Sect. 2. The Congress shall have power to enforce this arti¬ 
cle by appropriate legislation. 


INDEX. 


Agriculture, Department of, 133. 
Aldermen, 28. 

Alaska, 169. 

Amendments to U. S. Constitu¬ 
tion, 149, 155. 

Annexation of Texas, 167. 
Auditor, County, 30. 

Articles of Confederation, 63. 
Assessors, County, 31. 

Assessors of Taxes, 21. 
Attorney, District, 31. 

Bankruptcies, 92. 

Battle of Quebec, 58. 

Boundary, Spanish, 166. 

Bureau of Education, 129. 

Bureau of Indian Affairs, 128. 

Charges d’Affaires, 114. 
Chairman, 179. 

Cheap Postage, 122. 

Cities, 26. 

City Council, 28. 

City Government, 26. 

Clerk, 179. 

Coast Survey, 116. 
Commissioners, Road, 23. 
Committees, 182. 

Coin Money, 93. 

Congress, 75. 


Congress, Powers of, 88. 
Congress, Sessions of, 86. 
Consuls, 113. 

Committee, School, 22. 
Confederation, Articles of, 63. 
Confederation, Plan of, 65. 
Confederation, Weakness of 
Articles of, 164. 

Contest for Supremacy, 56. 
Continental Congress, Second, 
62. 

Convention, Federal, 66. 

Contest of the Kings, 55. 
Continental Congress, First, 61. 
Coroner, 3. 

Counties, 29. 

County Auditor, 30. 

County Commissioners, 29. 
County Courts 50. 

County Treasurer, 30. 

Courts, Police, 50. 

Court, Probate, 50. 

Court, Supreme, 50. • 

Dates of Ratification, (Constitu¬ 
tion U. S.,) 72. 

Deeds, Recorder of, 30. 

Deeds, Registrar of, 30. 
Delegates, Territorial, 79. 
Department of Agriculture, 133 
208 



INDEX. 


Department of Justice, 129. 
Department of State, 113. 
Department of Navy, 118. 
Discovery of Gold, 167. 
Distributing Post Offices, 121. 
District Attorney, 31. 

Duties on Imports, 90. 

Education, 32. 

Election by the House (Presi¬ 
dent), 107. 

Election of Officers, 178. 
Electors, Number of, 104. 
Electors, Presidential, 103. 
Electors, Time of Choosing, 
105. 

Electors Vote, 105. 

English Settlements, 56. 
Executive Department, National, 
loi, 112. 

Executive Department, State, 
44 - 

Executive Officers, 48. 

Federal Convention, 66. 
Fifteenth Amendment, 158. 

First Continental Congress, 61. 
Florida, Purchase of, 166. 
Formation of a Society, 173. 
Form of a Constitution, 175. 
Form of Minutes, 180. 
Fourteenth Amendment, 156. 
French Settlements, 56. 

Gold, Discovery of, 167. 
Governor, 44. 

“ Term of Office, 45. 

“ Qualifications, 45. 


209 

Governor, Powers and Duties, 
45 - 

Growth of Our Country, 163. 

Highway Surveyors, 23. 

House, Officers of, 79. 

House of Representatives, Na¬ 
tional, 76. 

House of Representatives, State, 
42. 

Impeachment, 80, 111. 
Impeachments, Trial of, 85. 
Imports, Duties on, 90. 

Indian Bureau, 128. 

Indian Schools, 128. 

Interior Department, 123. 

Judicial P^epartment, National, 

137- 

Judicial Department, State, 49. 
Justices of the Peace, 49. 

Land Officer, 125. 

Law, the Making of, 43. 
Legislative Department, Na¬ 
tional, 75. 

Legislative Department, State, 

41- 

Lieutenant-Governor, 47. 
Lighthouses, 116. 

Louisiana, Purchase of, 165. 

Making a Law, 43. 

Mayor, 27. 

Mexican Provinces, Purchase of, 
167. 

Minutes, Form of, 180. 



210 


INDEX. 


Ministers, Public, 113. 

Money and Banking, 130. 
Money, Coin, 93. 

Naturalization, 90. 

Naval Academy, 119. 

Navy, Department of, 118. 
National Element of Slow 
Growth, 75. 

New States, 146. 

Number of Electors, 104. 
Number of Representatives, 
National, 78. 

Officers, Election of, 178. 

Officers of House, National, 79. 
Officers of Senate, National, 85. 
Oregon Country, 168. 

Overseers of the Poor, 23. 

Pension Office, 125. 

Plan of the Confederation, 65. 
Police Courts, 50. 

Poor, Overseers of, 23. 

Post Office Department, 119. 
Powers of Congress, 88. 

Powers of President, in. 
Powers, Various (Congress), 95. 
Present Condition of our Coun¬ 
try, 170. 

President, 179. 

Presiding Officer, National Sen¬ 
ate, 84. 

Presidential Electors, 103. 
Private Schools, 35. 

Probate Court, 50. 

Public Ministers and Consuls, 
113 - 


Purchase of Florida, 166. 
Purchase of Mexican Provinces, 
167. 

Purchase of Louisiana, 165. 
Putting Constitution into Opera¬ 
tion, 159. 

Oualifications (National Senate), 
^84. 

Qualifications of President, 108. 
Oualifications, Representatives, 

'^78. 

Quebec, Battle of, 58, 

Ratification (Constitution U.S,), 
Dates of, 72. 

Recorder of Deeds, 30. 
Recording Secretary, 179. 
Registrar of Deeds, 30. 

Report of Committee, 175, 
Representatives, House of (Na¬ 
tional), 76. 

Representatives, Qualifications 
of, 78. 

Representatives, Number of, 78. 
Republican Government, 148, 
Restrictions upon National Gov¬ 
ernment, 97. 

Restrictions upon States, 97. 
Road Commissioners, 23. 

Rules of Procedure, 173. 

Salary of President, in. 

Salary, Senators and Represen¬ 
tatives, 87. 

School Commissioner, 31. 

School Committee, 22. 

School Superintendent, 31, 



INDEX. 


21 I 


Second Continental Congress, 
62. 

Secretary, 179. 

Selectmen, 20. 

Senate (National), 81. 

Senate (State), 42. 

Senators, How Chosen, 82. 
Settlements, French, 56. 

Sessions of Congress, 86. 
Settlements, English, 56. 

Sheriff, 3. 

Size of Additions to U. S., 168. 
Slow Growth of National Ele¬ 
ment, 75. 

Spanish Boundary, 166. 

Spanish Settlements, 55. 

State Governments, 39. 
Superintendent of Schools, 31. 
Supremacy, Contest for, 56. 
Supreme Court, 50. 

Supreme Law of the Land, 150. 
Supreme Moment in N. A., 57. 
Surveyors, Highway, 23. 

“ Sweeping Clause,” 95. 

Taxes, Assessors of, 21. 
Territories, 147. 


Territorial Delegates, 79. 

Texas, Annexation, 167. 
Thirteenth Amendment, 156. 
Time of Choosing Electors, 105. 
Town, the, 17. 

Town Clerk, 19. 

Town Officers, 18. 

Town Treasurer, 20. 

Treason, 140. • 

Treasurer, 181. 

Treasurer, County, 30. 

Treasury Department, 115. 
Treasury Notes, 132. 

Trial of Impeachments, 85. 

Various Powers (Congress), 95. 
Vice-President, 109. 
Vice-President elected by Senate, 
108. 

War Department, 117. 

Warrant for Town Meeting, 24. 
Weakness of Articles of Con¬ 
federation, 164. 

Weights and Measures, 94. 

West Point, 117. 

Whole Country at Present, 169. 





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ELEMENTS OF CIVIL GOVERNMENT 


OF THE 


STATE OF ILLINOIS 



1 


/ 












































































THE ELEMENTS 


OF 

CIVIL GOVERNMENT 

OF ILLINOIS 


WITH 


A Brief Outline of the Political History 
of the State to the Adoption 
of the Constitution 

BY 

HERBERT J. BARTON, A.M. 

University of Illinois 



SILVER, BURDETT & COMPANY 
New York BOSTON Chicago 


1892 


Copyright, 1892, 

By silver, BURDETT & COMPANY. 


Typography by J. S. Cushing & Co., Boston. 
Presswork by Berwick & Smith, Boston. 





PREFACE. 


The time evidently is at hand for a forward movement of the 
educational forces of this State in the line of a more formal 
endeavor to make a good citizen. Hitherto it seems to have 
been assumed that no distinctive instruction in citizenship was 
necessary, but that there was a potency in the spelling book 
and the other branches commonly taught which was sufficient, 
although it is a matter of everyday observation that a man 
may be even highly educated and still a very poor citizen. To 
this lack of familiarity with the spirit and -form of our govern¬ 
ment can doubtless be traced no small part of the political 
indifference of our day. 

To win this battle for good citizenship many forces may be 
called into action, but none are more prominently before the 
teachers than what may be called the tactics of good citizen¬ 
ship ; namely. Civil Government. 

It is commonly supposed that while this study is not found 
in our grammar schools, yet it is pursued by a large number of 
our high school pupils. But the truth is, that in more than 
one-half of our high schools it is studied in the last part of the 
course when the numbers are small, and in many high schools 
is not studied at all. It would seem evident that it should be 
studied in the first year of all our high schools, and more than 
this, that it should be found in the eighth grade of our graded 
schools and in the higher classes in our ungraded schools. It 

3 


4 


PREFACE. 


would seem to be a very reasonable position that to know how 
we are governed and to get some little idea of the spirit of our 
institutions is of the utmost importance. 

If the practical is to be pleaded, nothing could be more so 
in this land of elections. The incentives that made the Pilgrim 
and Puritan good and patriotic citizens, have gone; the relig¬ 
ious republic has gone. Surely in its place we should adopt 
something specific as they did, and not rely wholly on the 
ordinary branches. 

And when we come to our own State, what more splendid 
theme to arouse and interest the pupil and fill him with enthu¬ 
siasm, with the sentiment of patriotism and pride of citizenship, 
than our wonderful past, our wonderful present, and the pros¬ 
pects of our wonderful future. No past is fuller of interest. 
The fiery zeal of the Jesuit is a theme for constant wonder. 
Our dominion is well-nigh an empire. Our resources are al¬ 
most boundless. Next year we welcome to the second city of 
our country representatives from the civilized world, — a city 
that in its growth and resources is perhaps the most wonderful 
phenomenon of our present century. 

This is history, but most closely connected with it is the civil 
polity of nearly four millions of people, and how they are gov¬ 
erned so as to produce the freedom of the individual and the 
freedom of the State. To implant in the minds of our pupils 
a deep love for our institutions and an intelligent understand¬ 
ing of their form, is surely a teacher’s high duty and privilege. 

That these pages may be of some service to our noble guild 
of teachers in educating the American citizen now in their 
schoolrooms is my sincere wish. 

HERBERT J. BARTON. 

University of Illinois, June, 1892. 


CONTENTS. 


CHAPTER I. 

PAGE 


The Early Settlers and how they were gov^erned . 7 

CHAPTER II. 

The Town.14 

I. The Contest between Town and County Government . 14 

II. The Executive Department . . . -17 

III. The Judicial Department ...... 24 

IV. The Legislative Department: The Town Meeting . 26 


CHAPTER III. 

The County . 

. 32 

I. The Legislative Department 

. 32 

H. The Executive Department 

• 35 

HI. The Judicial Department .... 

. . 38 

CHAPTER IV. 

The State . 

• 43 

1 . The Legislative Department 

• 43 

H. The Executive Department 

. . 56 

HI. The Judicial Department .... 

. . 65 


5 



6 


CONTENTS. 


CHAPTER V. 

PAGE 


Cities and Villages . . .. 7 ° 

I. Cities — Legislative Department . . • *70 

11 , The Executive Department. 7 ^ 

HI. The Judicial Department.72 

Villages. 73 


CHAPTER VI. 

Our School System. 74 

I. The School Fund ........ 74 

II. The District.76 

III. Boards of Education ....... 77 

IV. The Trustees and Treasurer.78 

V. The County Superintendent . . . . .80 

VI. The Superintendent of Public Instruction . . .81 

VII. The State Educational Institutions . . . .82 


CHAPTER VH. 

The State Charitable, Penal, and Reformatory Insti¬ 
tutions .84 

I. Charitable Institutions ...... 84 

II. Penal and Reformatory Institutions . . . -85 


CHAPTER VHI. 


The Election Law 


87 













THE 


CIVIL GOVERNMENT OE ILLINOIS. 


CHAPTER I. 

THE EARLY SETTLERS AND HOW THEY WERE 
GOVERNED. 

To cross the Atlantic and found on its shores the 
governments of Plymouth and Massachusetts Bay were 
deeds which we justly place among the most heroic of 
all time. To cross the same ocean, to explore the St. 
Lawrence, to look upon our inland seas, to discover 
the Mississippi, to lay the wide foundations of a New 
France, — these deeds, the work of the Frenchman and 
the Jesuit, justly lay claim to be called equally heroic. 

Because Illinois was admitted to the Union in i8i8, 
we are apt to think that it was settled long after the 
Thirteen Colonies; and because we are English by 
descent, we are likely to forget the pioneers of our 
State. Yet it was only a little more than fifty years 
after the Pilgrims landed at Plymouth that Marquette 
and Joliet saw our prairies. South Carolina was but 
just settled by the English ; New Hampshire was not 

7 


8 


CIVIL GOVERNMENT OF ILLINOIS. 


yet a separate colony, nor Delaware. Penn had not 
come to America; it would be sixty years before Ogle¬ 
thorpe should found Georgia. Along the Atlantic sea¬ 
board were settlements that had not yet fought and 
conquered King Philip. It would be more than a hun¬ 
dred years to the Declaration of Independence. In 
1673, began a movement of French missionaries that is 
one of the most wonderful facts of history. The French 
were in Canada more than a hundred years before, yet 
they had accomplished little. Quebec was founded the 
next year after Jamestown, but the vast country tribu¬ 
tary to the St. Lawrence was but little known. The 
French engaged in the fisheries and the fur trade while 
the Pilgrims and Cavaliers were building up Boston and 
Jamestown. Now the policy changes. The mission¬ 
aries push out from the St. Lawrence and the Great 
Lakes and add all the vast Mississippi valley to the 
dominions of the King of France, by right of discovery. 
There is no more wonderful story of devotion to relig¬ 
ion and country than these men give us. The most 
terrible privations that can be imagined ; tortures at 
the hands of Indians so awful as to seem well-nigh in¬ 
credible ; death itself was as nothing, so that they might 
baptize and save the natives. 

Within our State, they formed settlements at Caho- 
kia. Fort Chatres, Kaskaskia and St. Louis, now called 
Starved Rock. The government was entirely in the 
hands of the priests, and the country was considered 
as a part of Canada. The population increased very 
slowly and in marked contrast with the growth of the 
English settlements along the Atlantic. In 1712, the 
territory that is now Illinois was united with the French 


THE EARLY SETTLERS. 


9 


possessions in the southern part of the Mississippi 
valley, and all was conferred by the King, Louis XIV., 
upon Crozat, a merchant of large experience and great 
wealth. This was done with the idea that the wealth 
of the country was great, and that the new manager 
could turn over large sums into the depleted treasury 
of the King. Crozat, after five years of failure, sur¬ 
rendered his charter. At that time, the white popula¬ 
tion of Illinois was less than three hundred. From 1717 
to 1732, Illinois was a part of Louisiana, but under the 
government of the Company of the West. In 1732, 
that company surrendered its charter, and henceforth 
until the close of that great struggle for supremacy in 
North America which was brought to an end on the 
Plains of Abraham, Illinois was governed by men 
appointed by the Crown. For more than thirty years, 
under royal governors, the people lived in peace and 
contentment. The rural simplicity of life described by 
Longfellow in “Evangeline” was true of them. “No 
regular court was held in the country for more than a 
hundred years or until its occupation by the English. 
The governor, aided by the friendly advice of the com¬ 
mandants and priests of the villages, either prevented 
the existence of controversies or settled them when they 
arose without a resort to litigation.”^ Surely this is 
very good proof that the government was well and 
wisely administered. 

By the Treaty of Paris, signed in 1763, the entire 
French possessions in North America passed out of 
the hands of their former owners. Thus was decided 
that most momentous question as to whether French or 
1 Davidson and Stuve, “ A Complete History of Illinois.” 


10 


CIVIL GOVERNMENT OF ILLINOIS. 


English civilization should have the mastery in North 
America. The last organized movement made at this 
time against the English was the conspiracy of Pontiac. 
This only delayed the occupation of the country, and on 
the loth of October, 1765, the flag of France was low¬ 
ered from Fort Chatres, the last French post in what 
is now the State of Illinois. 

We are now near those times which mark distinctly 
the birth of our republic. The foolish persistence of 
the English home government was soon to lead to our 
Declaration of Independence, and it would be of great 
importance to the States joining in that Declaration, 
whether the Mississippi valley was friendly or hostile. 
If hostile, it would be a place from which there would 
issue expeditions to attack our extreme western settle¬ 
ments ; if friendly, that danger was not to be feared. 

As the war of the Revolution progressed, it was 
manifest that the Indians in the valley were incited 
against the Americans by English agents at the old 
French towns, and so it occurred to a brave soldier. 
Colonel George Rogers Clark, to attempt to capture 
these posts. Clark was a Virginian, and hence applied 
to Patrick Henry, then governor of that colony. 
Henry aided him to the extent of £^\200 in depreciated 
currency. He also had the encouragement of Jefferson. 
With only 153 men, Clark sailed down the Ohio, to a 
point about 120 miles from Kaskaskia, and then march¬ 
ing across the country, captured this town on the 4th 
of July, 177^- He took Cahokia shortly afterwards. 
Vincennes on the Wabash in Indiana was next captured, 
only to be recaptured by the British, and then again it 
was stormed and captured by Clark at the close of one 


THE EARLY SETTLERS. 


of the most remarkable marches anywhere recorded. 
Clark’s campaign marked him as a general of com¬ 
manding ability, and he was styled the “ Hannibal of 
the West.” It will be noticed that the capture of these 
posts gave the Colonies, at the close of the Revolution, 
a good claim to the territory that these posts com¬ 
manded. Clark’s services to our country can scarcely 
be overstated. 

Inasmuch as Colonel Clark was a Virginian, Virginia 
considered the territory acquired as a part of her domain. 
She also considered it hers by grant of King James to 
the London Company in 1609. This grant was from 
a point 200 miles north and a point 200 miles south of 
Point Comfort, and thence running “ west and north¬ 
west from sea to sea.” It would seem that without 
question this was intended to include Illinois. So Vir¬ 
ginia secured by this campaign what she claimed as 
her own by grant. It should, however, be stated that 
this grant was in part disputed by both Massachusetts 
and Connecticut, for their charters also gave them ter¬ 
ritory “ from sea to sea,” and in the extension of their 
north and south lines, they claimed some of the terri¬ 
tory assumed to be in Virginia’s grant. From 1778 to 
1787, Illinois formed* a part of the County of Illinois, 
and was governed as a part of the possessions of Vir¬ 
ginia. In 1787, the conflicting claims to the territory 
northwest of the Ohio being settled, and all the land 
being ceded to the Confederation, the Northwest Terri¬ 
tory was organized, of which Illinois formed a part. 

General St. Clair was the first governor, and con¬ 
tinued in office until the Territory was divided in 1800. 
Then most of what is now Illinois, Indiana, Michigan, 


12 


CIVIL GOVERNMENT OE ILLINOIS. 


and Wisconsin was formed into the Territory of Indiana, 
and William Henry Harrison was the first governor. 
In 1809, Illinois and Wisconsin were organized into the 
Territory of Illinois. Ninian Edwards was the first 
governor. 

The War of 1812 soon followed, and Illinois suffered 
severely at the hands of the Indians. Soon peace came, 
and with it prosperity. Now Illinois began to aspire 
to statehood, and in 1818 she was admitted to the 
Union. Let us follow the steps by which the admis¬ 
sion was-accomplished. In January, 1818, the Territo¬ 
rial Legislature petitioned Congress that Illinois be 
admitted to the Union, and on April 18, Congress 
passed what is called “an enabling act.” The first para¬ 
graph is as follows : “ Be it enacted by the Senate and 
House of Representatives of the United States of 
America in Congress assembled. That the inhabitants 
of the Territory of Illinois be and they are hereby author¬ 
ized to form for themselves a constitution and state gov¬ 
ernment, and to assume such name as they shall deem 
proper, and the said state when formed shall be ad¬ 
mitted to the Union upon the same footing as the 
original states in all respects whatever.” 

The counties of the Territory, fifteen in number, 
were authorized to meet in convention of thirty-three 
delegates to form a constitution. These fifteen coun¬ 
ties were all in the southern part of the Territory, and 
were as follows : Bond, Crawford, Edwards, Franklin, 
Gallatin, Jackson, Johnson, Madison, Monroe, Pope, 
Randolph, St. Clair, Union, Washington, and White. 
The convention met and framed the constitution of 
1818. 


THE EARLY SETTLERS. 


3 


An election was held in accordance with this consti¬ 
tution in September, i8i8, and the State government 
was organized at Kaskaskia in the following October. 
Shadrach Bond had been elected governor; Ninian 
Edwards and Jesse B. Thomas were elected senators; 
judges were elected, and so the machinery of the State, 
legislative, executive and judicial, was set in motion. 
It will be noticed that in the first section of the “ enab¬ 
ling act ” Congress made a conditional promise to admit 
the Territory. As the conditions had been fulfilled, on 
December 3, 1818, Illinois was admitted as one of the 
United States. How many States in the Union before 
her } 

To this point, we have traced the history of our 
State from the times of the Jesuits. We have seen 
religious zeal explore her plains. Forts have been 
built; towns have been founded, and trade opened with 
the lower Mississippi; we have seen the mild govern¬ 
ment of the priest and commandant, and the people 
and Indians happy and contented. So far as one could 
then see, there was to be a mighty French empire in 
the valley of the Mississippi. Almost in an instant all 
this is changed, and in the place of the French comes 
the English. The western world is to be English in 
civilization and language. But this is not all. It is to 
be American, and so all this great valley passes from 
the control of England, and Illinois, once the posses¬ 
sion of the French and then of the English, becomes in 
turn our home. 

We are now ready to study the way Illinois is gov¬ 
erned. 


14 


CIVIL GOVERNMENT OF ILLINOIS. 


CHAPTER II. 

THE TOWN. 

I. 

THE CONTEST BETWEEN TOWN AND COUNTY GOVERNMENT. 

Our State is divided into counties, the counties into 
towns, and the towns into school districts. If we have 
never thought how government of any particular kind 
is first developed, we very likely would say that the 
State was first established, after that the county, then 
the town, and last of all the school district. Yet we 
find that the reverse is usually the case. Our system 
of government is modeled quite closely after that of 
New England, and it may be well to consider how the 
Pilgrims and the Puritans governed themselves. Even 
before this is stated, we must remember that these same 
settlers of Massachusetts brought with them their ideas 
of government from the old world. History tells us 
that they were very democratic; that is, they were firm 
believers in local government. Where did they get this 
idea From old England and from their Saxon ances¬ 
tors. Local self-government is best carried on in the 
town, and so it happened that when the settlers came 
to Massachusetts, they immediately formed themselves 
into little settlements which they called towns, and 
meeting together for council and protection as well as 


THE TOWN. 


15 


to establish a government for the few families near 
together, they called the meetings “town meetings.” 
So the town was the unit, and from this, going in one 
direction, came the county and the State; going the 
other, the school district. So we may think of the 
county as a number of towns, the State as many more 
towns, and the school district as a part of the town. 

It will be well to consider this town, for it seems to 
be one of the best ways yet devised to govern small 
communities. 

We have said that the people met in town meeting. 
What is the fundamental idea in this } That every one 
should have the right to express his opinions and to 
vote on all public matters that come up for decision. 
Perhaps this seems a matter of no great importance, 
but this very privilege is of great valne. The town 
meeting is a school where the matters that concern the 
town are talked over, studied, and learned. Each is the 
teacher of every other one, and it is a great power to 
raise a man, if he can say something that is of some 
benefit to his townsmen, and in turn can learn some¬ 
thing from his friends that may be of benefit to him. 
He can vote as he desires. To vote is the highest priv¬ 
ilege that a citizen can enjoy, and it should have a ten¬ 
dency to make a citizen better from the very fact that 
he does vote. 

This careful discussion of town matters is not seen 
now in our larger places, for the discussion is carried on 
in the newspapers, or voters are careless about the busi¬ 
ness that is to be voted on; but when the old New Eng¬ 
land town meeting idea is fully carried out, it is a source 
of benefit to all the citizens. 


16 CIVIL GOVERNMENT OF ILLINOIS. 

This system of towns and town meetings spread all 
over New England, but in Virginia and the South, the 
unit was, for purposes of government, not the town, but 
the coimty. 

You will remember that the State of Illinois was 
granted by the Crown to a company of men who settled 
in Virginia. This was the inference and the claim from 
the grant. It was natural that the Virginia way of 
government, or, if you please, the Virginia unit, should 
control in the new State. This was the way matters 
actually came out. The Territory of Illinois was organ¬ 
ized gradually into counties, but the counties were not 
divided into towns as in New England. The county was 
the unit of government, and remained so for some time. 
Meanwhile the contest was being carried on between 
the town idea and the county idea. Which was the 
best unit for government ? In the South the county 
unit was preferred; in the North, the town. So at the 
North, the town meeting was everywhere known; at the 
South, it was unknown. Illinois was settled by people 
from both the North and the South, and so we may say 
that our State was a battle-ground for the two ideas of 
government. The town had come to have so many 
friends that, in the constitution of 1848, the people 
were given local option as to what the unit should be. 
That is, in that constitution, the General Assembly 
were directed to pass a law by which each county might 
have town government if a majority of the voters de¬ 
sired it. The present constitution contains a similar 
provision. So the Puritans’ town meeting had gained 
permission to live in the great State of Illinois. Town 
government was soon adopted by many counties, until 


THE TOWN. 


17 


now there are only twenty-one which retain the Virginia 
system. 

Except in one particular which will be soon men¬ 
tioned the town is the unit for local government in 
eighty-one counties of our State. We will suppose that 
our unit has a population of 1000 and will represent 
it thus: — 


THE TOWN. 


II. 

THE EXECUTIVE DEPARTMENT. 

It is evident that there must be some one to be the 
head man of this thousand, who will do the most im¬ 
portant business for it. We will call him a supervisor. 
In New England, the people call him a selectman. 
What is his business } First, he must act as treasurer 
of all town money except the school fund, and the high¬ 
way and bridge fund; he must look after the town 
paupers; he must post up the election notices he re¬ 
ceives from the county clerk; he must report to the 
town board of auditors on Tuesday before the annual 
town meeting all sums of money received and paid out 
by him during the year. Is such a provision wise } 
Besides, the supervisors of all the towns in the county 



l8 CIVIL GOVERNMENT OF ILLINOIS. 

are required to meet in session twice a year, and such a 
body is called the county board of supervisors. 

The supervisor must also carry on any law suits that 
are necessary to secure any fines or penalties due the 
town. He receives $1.50 per day when working inside 
the limits of the town, and $ 2.^0 per day when work¬ 
ing outside. 

If our supervisor shall refuse to perform his duties, 
the law provides as follows : “ If any supervisor shall 
refuse or shall wilfully neglect to perform any of the 
duties of his office, he shall forfeit to the town the sum 
of ^50 and shall be disqualified to act as supervisor.” 

If our town has more than 4000 inhabitants, there 
is one “assistant supervisor” for each additional 2500. 
The name is hardly indicative of the duties of the office, 
for in the town the assistant supervisor has no duties 
at all except to act as a member of the board of health. 
In the county board of supervisors, he has equal rank 
with the rest. Supervisors are elected once in two 
years. 

But are these duties laid upon the supervisor all that 
our town will need to have performed } Shall we need 
other officers.? Yes. First, records must be kept, and 
so the town must have a book-keeper. A town with¬ 
out records would be like a business man without books. 
This book-keeper is called the town clerk, and he is 
elected annually in town meeting. 

What are his duties.? 

First, as he is a clerk, we shall expect him to keep a 
record for the one who employs him, the town. This he 
does. Whenever the citizens meet in town meeting, 
he records the proceedings; and if officers are elected. 


THE TOWN. 


19 


he must send a list to the county clerk within twenty 
days. He must post notices of the town meetings, 
written or printed, in three of the most public places in 
the town ten days before the meeting, and also have a 
notice published at least once before the meeting in a 
local paper, if one is published in the town. He must 
also act as a member and clerk of the town board of 
auditors, of which we shall speak a little later. He is 
clerk also of the highway commissioners and of the 
board of health. He also does what we should expect 
of a clerk, — he takes care of the books, and records 
and papers of the town. He sees to the printing and 
distributing of ballots in town elections. On or before 
the second Tuesday of August he must send to the 
county clerk a statement of the amount of taxes to be 
raised in town for that year. He is elected for one 
year. 

Thus far our unit, called the town, has had use for 
two officers. Does she need more.^^ Clearly; for no 
provision has yet been made to collect what money the 
town may vote to raise. These 1000 people have started 
housekeeping on a large plan, and they must have a 
good deal of money. Suppose they have voted to 
raise so much money by taxation; some one must have 
the duty placed on him of apportioning and collecting 
it. The town clerk might do it. He is not usu¬ 
ally overburdened with work, but the people of New 
England, from whom we copied so much, preferred 
to have special officers to apportion and collect the 
money. 

If our 1000 people are to raise ;^3000, each tax-payer 
might be called on to pay perhaps $ 1 ^, and that would 


20 


CIVIL GOVERNMENT OF ILLINOIS. 


be a very quick and and also a very unjust way out of 
the matter. Why would it be unjust ? 

So the town makes what is called an assessment, and 
the officer who does this is called an assessor. That is, 
he makes an estimate of each man’s property, valued 
usually from a fourth to a half of what the property is 
considered actually worth. When is this assessment 
made } But this is only a part of what must be done. 
The county clerk must take this assessment and find 
each man’s tax and then this must be collected. The 
town meeting elects a man to collect this tax and calls 
him a collector. Frequently the same one is elected 
both assessor and collector. As soon as the collector has 
collected the tax, he is to pay it over to the proper per¬ 
sons. The town must have schools, and so some of the 
tax will be paid by the collector to the treasurer of the 
school fund ; roads and bridges must be cared for, and 
so a part of the tax is paid to the treasurer of the men 
who care for the roads, that is, the highway commis¬ 
sioners. That part of the tax raised for general purposes 
goes to the supervisor. The collector and assessor are 
elected annually. 

We have just spoken about schools. Our Puritan 
ancestors were very anxious to have good schools. One 
of the first things they did was to establish them. The 
town cared for them. But, in this particular, we have 
not followed their example. It would simplify matters 
very much if the town was the unit for school matters, 
but it is not; that unit is the township. Our State was 
first surveyed into what are called congressional town¬ 
ships for the purpose of facilitating the description and 
transfer of land; then these “congressional townships” 


THE TOWN. 


2 


were made school townships by State law. After a 
time, in most counties the town was organized, but it 
did not have anything to do with school matters. These 
are still handled by the toivnship. Or, to state it another 
way, the township was changed into a town in every 
particular except as regards schools. In this respect it 
is still a township. When townships were changed 
into towns, in most cases the area embraced was exactly 
the same. In some cases it was not. Where it is the 
same, the election of the officers of the school town¬ 
ship occurs on the same day as that of the town; if 
not, on the second Saturday of April. 

Keeping this in mind and remembering all the while 
that when the town meeting is called upon to elect 
three trustees of schools, it is really voting as a town¬ 
ship and not as a town, we add these to the officers to 
be elected. Their duties will be given when speaking 
of the school district. 

We have seen that our unit of looo persons has thus 
far found it necessary to have a supervisor, a book¬ 
keeper, called a clerk, a collector, an assessor, and three 
trustees of schools. What other interests are to be 
seen to } Can you suggest } Perhaps it may be said 
that all the other interests of the town might be cared 
for by the supervisor, but this was not the New Eng¬ 
land idea. They were so democratic that the offices 
mu.st be divided among many and not concentrated in 
the hands of a few. 

We have not provided any one to look after the roads 
and see that they are kept in repair. The benefit of 
good roads can scarcely be overestimated. How many 
days in a year do you suppose the roads of Illinois are 


22 


CIVIL GOVERNMENT OF ILLINOIS. 


impassable ? The town elects three men called high¬ 
way commissioners to see to its roads. They might with 
propriety be called supervisors of roads. They must 
elect one of their number treasurer; we have heard of 
him when studying about the collector. They have 
power to divide the town into a suitable number of 
road districts ; they can build bridges or repair them; 
can lay out, vacate, or repair roads; assign the people 
to certain places to work on the roads; they take pos¬ 
session of scrapers, plows, and all other tools belonging 
to the town, and give direction to the overseers of high¬ 
ways. They can levy and collect a road tax or see that 
it is “worked out.” This tax cannot be over forty cents 
on $100, unless by vote of town in town meeting; and 
then it cannot be over sixty cents. Finally they must 
report to the board of town auditors once a year, giving 
a complete account of work done and money expended. 
They are elected for a term of three years, one being 
elected each year. 

We have said that the commissioners elect one of 
their number treasurer. The law provides that “the 
treasurer so chosen shall receive and have charge of all 
moneys raised in the town for the support and main¬ 
tenance of roads and bridges. He shall hold such 
moneys at all times subject to the order of the commis¬ 
sioners of highways, and shall pay them over on their 
order or a majority of said commissioners, and not 
otherwise.” 

We have used the term “overseers of highways.” 
Perhaps it would seem that no other officers are needed 
to look after the highways, but we find that the com¬ 
missioners appoint as many overseers of roads as there 


THE TOWN. 


23 


are road districts in the town. Now as every able- 
bodied male between the ages of twenty-one and fifty is 
required to work on the highways in the district in 
which he lives from one to three days, unless he prefers 
to pay his tax in money at the rate of $1.50 for a day’s 
work, there must be some one to see to this matter and 
see that the tax is “ worked oht ” or the money paid. 
The overseer does this work. He notifies the persons 
from whom road work is due, when they are to work 
and where. He must give the persons three days’ 
notice. And, finally, he must repair and keep in order 
the highway in his own district. In this connection w.e 
must speak of two other officers that are found neces¬ 
sary in towns. The first is a pound master. He is 
elected at town meeting, or it is arranged that he may 
be appointed. There may be more than one. He is to 
have charge of the pound, and shut up the stock run¬ 
ning at large, and hold it until the owners pay costs and 
take charge of the stock. The other officer referred to 
is a commissioner of Canada thistles. He is appointed 
by the board of auditors for a term of three years, and 
is paid $2 per day while employed. His duty is to 
destroy the Canada thistles found growing in the town. 
He must make an annual report before the first of 
November to the supervisor. 


24 


CIVIL GOVERNMENT OF ILLINOIS. 


III. 

THE JUDICIAL DEPARTMENT. 

Our town has not yet provided for a department of 
justice. In the best state of society men will violate 
law, and it is not to be supposed that in our town of 
looo it will be different. So the town appoints officers 
called justices of the peace to see that the laws are 
obeyed. It chooses officers called constables to carry 
out the orders of the justices. 

In our town it is quite certain that some one will think 
he has been wronged in some matter and will want to 
go to law about it. If the sum in dispute is not more 
than $200, the justice may try the case. This is called 
a civil suit. 

But suppose that some one commits what in law is 
called a misdemeanor, which can be punished by fine only 
and this not to exceed $200, or suppose that an assault 
or an assault and battery are committed; then also the 
justice may try the case and it is called a criminal suit. 
By misdemeanor is meant an offence for which a per¬ 
son cannot be put to death nor sent to the penitentiary. 

By assault is meant the ability and the attempt to 
injure another; by assault and battery, the unlawful 
touching of the person of another. So the justice may 
have quite important matters to decide. The peace 
and good order of the community will depend in a 
measure on his faithfulness. But this is not all. Sup¬ 
pose a burglary has been committed in the town, and 
some one has been arrested for it. He is taken before 


THE TOWN. 


25 


the justice, and if the latter has reason to think him 
guilty, he sends him to jail; or if the accused can obtain 
bail, the justice usually “ admits to bail” as it is called. 
It may be that the person is accused of so great a crime 
that he will not be admitted to bail. 

By bail is meant that one or more persons pledge 
themselves to pay a certain sum into the public treas¬ 
ury if the person bailed does not appear in court at a 
stated time. The accused is then free until the time 
stated, when he must appear in court or “ forfeit his 
bail.” When the grand jury meets at the next term of 
court, he is either indicted or set free; if indicted he is 
tried by the court. 

But who shall see that the orders of the justice are car¬ 
ried into effect.? The person is called a constable. He 
is to execute all the orders of the justice or other magis¬ 
trates, and is also to act as a policeman in arresting all 
persons whom he sees breaking the law. Our town 
will therefore elect at the annual town meeting two 
justices of the peace and two constables. If the popu¬ 
lation should increase, more would be needed; and so 
one justice and one constable are added for each addi¬ 
tional thousand in population above 2000, until the num¬ 
ber reaches five. Both justice and constable are elected 
for four years and are paid by fees prescribed by law. 

But if the county does not have township organization, 
you will wish to know how the local judicial matters are 
managed. In such a case the unit is not a portion of 
the county but the county itself; still, for convenience, 
the county commissioners divide the county into election 
precincts for general election purposes, and these elect 
constables and justices precisely as towns do. 


26 


CIVIL GOVERNMENT OF ILLINOIS. 


IV. 

THE LEGISLATIVE DEPARTMENT. 

The Town Meetmg. 

We have heard much of the town meeting and shall be 
interested to know how it is conducted and what powers 
it has. As preliminary to the meeting, we have found 
that the town clerk has a certain duty. What is it } 
This done, on the first Tuesday of April in each year, 
the voters of our town will meet in town meeting. At 
some time between eight and nine o’clock in the fore¬ 
noon, the clerk calls the meeting to order. He acts 
as temporary chairman until the moderator or regular 
presiding officer is elected. This is done at once. The 
clerk, as we have learned, must record the proceedings. 
We must also be sure that the voting is done honestly; 
and so the supervisor, assessor, and collector, with the 
moderator, are made judges of election, and together 
they conduct the election. Our looo people speaking 
through their legal voters have elected a moderator. 
He must now take an oath to faithfully discharge his 
duty. The clerk must produce a suitable ballot box, 
and then the business of the day begins. This box 
must be shown to be empty before balloting and is 
then locked. What officers are to be elected } They 
have been given. Enumerate them. Before the day 
of meeting, booths or stalls have been erected; and in 
each is a shelf at a convenient height, and, on the shelf, 
pen, ink, and pencils for marking ballots. 


THE TOWN. 


27 


In the front of each booth is a door or curtain to in¬ 
sure secrecy in voting. Let us suppose that the voting 
begins. Who may vote ? All males who are of age 
and have lived in the town thirty days/ in the county 
sixty days, and in the State one year. Suppose a voter 
wishes to cast his ballot. He comes to the judges and 
they give him a ballot; he passes within one of these 
booths, marks his ballot in a way that will be described 
more fully hereafter, and then passes out, hands his 
ballot folded to a judge of election, and thus has voted, 
if he so desired, for all the officers that are to be elected. 
Instead of all voting at one place in large towns, voting 
may be carried on in several places. To allow this the 
number of votes cast at the last general election must 
have been more than 450. Voting is kept up until two 
o’clock P.M. 

Then it is suspended and the miscellaneous busi¬ 
ness of the town is transacted. What may be done at 
such a meeting ? In general, anything that is for the 
interests of the town. Of course it is of great impor¬ 
tance that the town’s officers have been faithful to 
their trusts, and so the meeting hears and acts on 
the reports of these officers. Can you trace this idea 
in other positions in our government, either State or 
national ? Money must be raised for the expenses of 
the town, and so our meeting has a right to vote to raise 
money by taxation for the constructing or repairing of 
roads or bridges, for the prosecution or defence of 
suits of law, and for some other purposes. The voters 
may offer rewards for the destruction of Canada 

1 If there is more than one voting precinct in the town, the voter must 
have had a home in his precinct thirty days. 


28 


CIVIL GOVERNMENT OF ILLINOIS. 


thistles; they may offer premiums for growing trees 
by the roadside; they may make rules concerning 
fences; they may regulate or prohibit stock from run¬ 
ning at large; they may establish pounds and make 
regulations about placing in them stock found running 
at large. 

They may provide for public wells and watering 
places, and prevent the placing of anything detrimental 
to health within the town limits. The town may decide 
whether the road tax voted shall be paid in money 
or in work. 

When a question is put to a vote, the moderator says, 
“ All those in favor of the motion say aye; contrary, 
no.” If the moderator is himself uncertain or if any 
one in the meeting questions his decision, he asks those 
in favor of the motion to rise, while they are counted, 
and then those who are opposed to stand and be 
counted. Or those who favor a motion may move to 
one side of the house, while those who oppose move to 
the other. After the miscellaneous business is finished, 
the voting is resumed and continues until the closing 
of the polls. When the polls are closed, the judges of 
election count the ballots and the clerk records the 
result and then declares the result to the meeting. 
But it readily occurs that it may be necessary to have 
the town meet in a general meeting oftener than once 
a year. Matters of great importance may arise sud¬ 
denly and demand immediate attention. So our town 
may have special town meetings if the supervisor, town 
clerk, and a justice (or any two of them), and fifteen 
voters of the town file in the clerk’s office a statement 
in writing that a special meeting is necessary for the 


THE TOWN. 


29 


good of the town and setting forth the object of the 
meeting. Is this a wise requirementThen a notice 
of such a meeting must be given as for a regular meet¬ 
ing. This notice must state the object of the meeting 
as it has been filed and‘no business shall be done at 
this meeting except that for which it is called. Is this 
restriction wise } 

This is the way that a town meeting is conducted. 
Can you think of any points of excellence in addition 
to those already mentioned } This will be a very inter¬ 
esting and profitable subject to study. 

We have elected our officers with the idea that they 
are honest men and good business men. These are 
the first and chief qualifications in a town officer. The 
town is a large family and demands for its wise govern¬ 
ment the best business talent that can be had. Before 
assuming the duties of his office, each officer takes an 
oath in which he promises to support the Constitution of 
the United States and the constitution of Illinois and to 
faithfully discharge the duties of his office. This is a 
provision of the constitution. Find it. 

The town must be sure that the money raised will 
not be squandered, and so requires from each officer a 
bond for double the sum of money that he will receive. 
By this is meant that the officer and at least two other 
persons of sufficient property agree in writing to pay 
into the public treasury a certain sum of money if the 
officer whose bond they sign does not take proper care 
of the public money. 

There is another provision in town government to 
secure faithful service. Four or more men, namely, 
the supervisor, clerk, and the justices, form what is 


30 


CIVIL GOVERNMENT OE ILLINOIS. 


called the board of town auditors. They meet twice a 
year in the town clerk’s office, on Tuesday before the 
annual meeting of the supervisors of the county and on 
Tuesday before the annual town meeting. At these 
meetings, they examine the accounts of the highway 
commissioners and of the supervisor. They also ex¬ 
amine and approve or disapprove all bills against the 
town. This includes the compensation of all town offi¬ 
cers except of supervisors for county services. 

It is plain that since this board has for its business 
to see that the town is not defrauded, it is a very im¬ 
portant body of men. Such checks as it furnishes are 
necessary in all governments. Do you think that there 
is anything peculiar in the composition of the board } 
Anything that is not desirable } 

There is another board, composed of the supervisor, 
clerk, and assessor, called the board of equalization. It 
must prevent injustice on the part of the assessor. 
Once a year, on the fourth Monday of June, the board 
meets to hear the complaint of any one who thinks that 
he has been assessed too high. If this is found to be 
so, the assessment is decreased. There are two other 
boards of the town with quite different purposes. One 
is the board of appointment. It is composed of the 
supervisor, clerk, and justices- If a vacancy occurs in 
any town office, the board elects some one for the un¬ 
expired term. » 

The board.of health is composed of the supervisors, 
the clerk, and the assessor. Notice the plural of super¬ 
visor. It is the duty of this board to prevent the 
spread of contagious diseases. 

These are the officers that the towns of Illinois have 


THE TOWiY. 


31 


thought necessary for efficient government. Noticing 
their number and what duties each officer performs, we 
see how democratic we are and how little we believe in 
the one man idea. Responsibility is divided and checks 
established to secure honesty. Do you think that this 
division of duties promotes or diminishes efficiency } 

What is the longest time for which any town officer 
is elected.? Would a longer time of service make better 
officers t Are the officers in your town frequently 
changed } We often hear this expression concerning 
some one who is a candidate for re-election to a town 
office: “ He has had it long enough. Pass it round.” 
What do you think about the wisdom of such a remark } 
Discuss this statement from a business man’s stand¬ 
point. 

The pay of town officers is not uniform. That of the 
supervisor has been mentioned. Some are paid by 
fees, wholly or in part. Find out, if possible, the sum 
that is paid to the officers in your town each year. 

It will be well to notice again that the government of 
the town has three departments, — the legislative, the 
executive, and the judicial. Enumerate the officers in 
each. It will be interesting as we proceed in our study 
to see if this threefold division occurs in the other units. 

Before we pass to the study of the next larger unit, 
let us think over carefully how “town” differs from 
“county” government, the Massachusetts idea from 
the Virginia idea. Which is the better suited to Ameri¬ 
cans } Arguments for the “ town ” system are found 
in the preceding pages. What arguments can be given 
in favor of the “ county ” system They must exist, for 
twenty counties of our State still retain that system. 


32 


C/y/L GOVERNMENT OF ILLINOIS. 


CHAPTER III. 

THE COUNTY. 

I. 

THE LEGISLATIVE DEPARTMENT. 

The next larger unit in our system of government is 
the county. We may represent it, and the fundamental 
unit thus: — 


Itown. 


CO U N 

T Y. 


We found that the mainspring of the town is the 
town meeting. 

In the county, the people are still supreme, but they 
have delegated their authority to men of whom we have 
spoken, the supervisors. We have found that they 
have certain duties as regards each town. They also 
meet, together with the assistant supervisors, to transact 
business for the county, and are then called the county 






THE COUNTY. 


33 


board. They meet by law twice a year and oftener ib 
one-third of the members request a special meeting. 

The regular meetings are on the second Monday of 
July and the second Tuesday of September. These 
meetings are held at the county seat and at the court¬ 
house, if that be convenient. They are open to all. Is 
this a wise provision } As the town clerk calls the town 
meeting to order, so the county clerk calls this county 
meeting of the people to order. Then the supervisors 
elect one of their number chairman. He will preside 
over the meetings and will appoint committees to aid 
in business. These committees will report to the board, 
who will adopt or reject the reports. Since the super¬ 
visors act for the people, it is their duty to let them 
know what they as servants have done. And so the 
proceedings of the board must be published in a county 
paper unless the cost be extravagant. 

One of the powers of town meetings was to vote to 
raise money, and their representatives have the same 
delegated power in the county. They may vote to levy 
a tax not to exceed seventy-five cents on every ;^ioo 
of valuation for ordinary county taxes. They may levy 
a tax not to exceed ,icx) cents on ^loo, to pay interest 
and principal of any debt incurred before the adoption 
of the present constitution. If the supervisors desire 
more money, they must ask the people to vote it at the 
next election. 

Because the people acting through their representa¬ 
tives are supreme, the supervisors may change the boun¬ 
daries of towns, make new towns, and give them names. 

They must erect a suitable court-house, jail, and other 
necessary public buildings. Fire-proof safes must, if 


34 


CIVIL GOVERNMENT OE ILLINOIS, 


possible, be provided for certain county officers. The 
board must have charge of all the real and personal 
property owned by the county, look after the lawsuits, 
examine and settle just accounts against the county. 
They must examine the accounts of the county treas¬ 
urer and count the money in his hands twice a year. 
They fix the pay of county officers except the county 
superintendent of schools. 

They must select grand jurors and make a list from 
which the circuit clerk may draw a list of petit jurors. 
Because it is of so much importance that every tax¬ 
payer be informed of the acts of the public servants 
who have expended the money he has paid in taxes, 
the board is required to make out at its meeting in 
September a full and accurate statement of the receipts 
and expenditures of the preceding year, and to have 
this published in a county paper. This publication in 
some degree compensates for the critical discussion the 
report might receive at a town meeting, were one held 
in each town to which the board made report. We 
must not fail to mention one other duty of the board. 
At the meeting in July, it must continue the work of 
the town boards of equalization. If any person in the 
county thinks that his property is assessed too high, he 
may appear before the board and have the matter in¬ 
vestigated, and also, if the valuation in one town is 
too high as compared with other towns, the board cor¬ 
rects it. 

Twenty-one counties have no board of supervisors, 
but they have three corresponding officers who to¬ 
gether are called the board of commissioners. They 
are elected at the general election for State officers. 


THE COUNTY. 


35 


(See constitution, article lo.) We have already noticed, 
when studying of local judicial matters, that in counties 
not under township organization the commissioners 
divide the county into election precincts, for the pur¬ 
poses of voting. For instance, Morgan County, with 
twenty-four townships, has thirteen precincts. These 
precincts are subdivided into election districts. The 
board also divides the county into road districts to 
facilitate the care of the highways. 


II. 


THE EXECUTIVE DEPARTMENT. 

We have found that the board was divided into com¬ 
mittees to facilitate the work. These committees may 
have special orders given them by the whole board to 
do certain acts. In such a case, it is evident that the 
committees are not legislative groups, but servants of 
the whole board. So the first executive officers of the 
county we mention are committees of the board. When 
are they executive 'i When notThe next officer to 
be noted is the clerk. Some of his duties are such as 
we should expect from such an officer, but because 
there is so much work to do, the county employs an¬ 
other clerk and calls him a recorder. 

The county clerk is also the clerk of the county court, 
of which we shall speak soon, so he must attend its 
sessions and keep a complete record of them. He is 
also clerk of the county board and must in that capac¬ 
ity keep a complete record of its transactions. 


36 


CIVIL GOVERNMENT OE ILLINOIS. 


He must keep a record of all official bonds filed in 
his office, and a record of all orders for money drawn 
on the county treasurer. It will very frequently happen 
that a copy may be wanted of some paper in the clerk’s 
office. This he must furnish for a fee established by 
law, and he must have all records properly indexed. 
He also issues marriage licenses. He has a very im¬ 
portant duty in connection with a general election. He 
must give notices to the proper officers to post, announc¬ 
ing the election, at least thirty days before it is to take 
place. He also has charge of the printing of the ballots 
in county elections, and must see that they are properly 
distributed to the judges, of election. After the election, 
when the ballots are returned to him, with the assistance 
of two justices of the county, he must count the votes 
and make abstracts of them, and send copies to the 
secretary of State. He has one more important duty. 
We have seen, when studying about the assessors in the 
town, that the county clerk took their books and from 
them made out the tax that each person must pay. He 
can do this, for the proper officers in the towns have 
sent him a statement of the tax that must be raised. 
How will the clerk proceed to compute the tax } 

There is another very important county officer, the 
recorder. It is his duty, when asked to do so, to record 
all mortgages, deeds, and other papers pertaining to 
the titles to lands. He also records mortgages of per¬ 
sonal property. The former duty is very important. 
If we think for a moment, we see that it is very neces¬ 
sary that the records concerning land should be most 
carefully kept. It is so important a matter that the 
county undertakes to do it. Have you ever heard of 


THE COUNTY. 


37 


deeds being lost? Then the recorder could furnish 
evidence about the deed. His records are all open to 
the public; that is, any one may examine them without 
charge. He is paid by fees. 

Where the population of the county is less than 
60,000, the recorder is also clerk of the circuit court. 
This will be referred to later. 

When we were studying about the board of supervi¬ 
sors, it may have occurred to some of us that since 
they had authority to levy a tax, there must be some 
one to care for the money when collected. If our 
county is conducted on the same plan as the town, would 
it have a treasurer, so called, to care for the money ? If 
you are inclined to answer yes, look at the matter 
carefully. The county has a treasurer who must re¬ 
ceive and keep all the public money belonging to the 
county and pay it out in the way prescribed by the 
law. He must keep books of account, and these are 
open to any one who desires to examine them. He 
makes a report to the county board at each of its regu¬ 
lar meetings, and at least twice a year settles with the 
board. See if you can find anything in our State con¬ 
stitution about the re-election of a treasurer. Another 
very important officer of this unit called the county, 
is the superintendent of schools. His duties will be 
spoken of later under our school system. A county 
surveyor is elected to make surveys when -called upon 
and to keep records of them. 

These officers constitute the cxeaitive department of 
the county. Enumerate them. For their term of 
office, consult the constitution. Who regulates their 
pay? 


38 


CIVIL GOVERNMENT OF ILLINOIS.. 


III. 

THE JUDICIAL DEPARTMENT. 

It is quite evident from what we have seen of our 
system of government that we could not get along in 
the county without a judicial department, and so we 
shall expect to find one. If the town could not get 
along without its court, much less shall we expect the 
county. 

Our county court has the following officers : a judge, 
a sheriff, a clerk. Besides, and belonging to the judi¬ 
cial department of the county, are a- State’s attorney, 
and a coroner. 

The county court has two jurisdictions. This is a 
legal term and needs explanation. When we speak of 
the jurisdiction of a court, we mean that the court has 
the right to try certain kinds of cases. 

If the court is the only one that can try such cases, 
we say that the court has exclusive jurisdiction ; if other 
courts can also try such cases, we say that the court has 
concurrent jurisdiction ; if a case may be begun in a 
court, that court has original jurisdiction; if after being 
tried in a lower court a case may then be tried in a 
higher, then the latter has appellate jurisdiction. 

We also say that courts have jurisdiction over differ¬ 
ent kinds of cases. The county court has two such 
jurisdictions, one in law and one in probate. Cases in 
probate are chiefly those in regard to wills and the 
settlements of estates ; cases in law are such as you 
think of when you hear of a case in court. 


THE COUNTY. 


39 


The county court has exclusive jurisdiction in the sale 
of land for taxes. It has concurrent jurisdiction with 
the circuit court in all cases where the justices have 
jurisdiction and in which the amount in dispute does not 
exceed $1000; also in criminal cases where the punish¬ 
ment is not imprisonment in the penitentiary or death; 
also in cases appealed from justices and police magis¬ 
trates. 

This court lias original jurisdiction in all matters of 
probate, settlement of estates, appointment of guardians 
of minors, and the settlement of their accounts ; also 
in all matters relating to apprentices. There is one 
exception to be noted. If the county has more than 
70,000 inhabitants, there is a separate probate court to 
attend to all probate matters. How many counties by 
the last census should provide for such a court 1 

It is quite evident that the county court must have 
records. If not everything would be in disorder. So, 
as we should expect, the court has Its clerk. We have 
already learned who this clerk is. 

But who shall execute the commands of the court } 
In the unit called the town, we found that there was an 
officer whose duty it was to execute the commands of 
the judicial department. We shall therefore expect to 
find such an officer in this larger unit. He is called a 
sheriff. It is very interesting to trace the origin of the 
office and the name. Sheriff is shire-reeve, an officer 
of the old English shire, or, as we say, county. Each 
town of the shire sent men to an assembly of the county, 
much in the same way as the towns now send the 
supervisors to form the county board. This shire court 
both made laws for the shire and also tried cases, and 


40 


CIVIL GOVERNMENT OF ILLINOIS. 


SO we very readily see how the county court originated. 
It was brought by the Pilgrims and Puritans to this 
country and set in operation at once. Mr. John Fiske 
in speaking of Massachusetts says, “The county was 
organized from the beginning as a judicial district with 
its court-house, jail, and sheriff.” In Virginia also, 
there was the shire, sheriff, and county court. So the 
Illinois county comes naturally by the sheriff. This 
officer must attend all sessions of both county and 
circuit courts. He must preserve order and execute 
the commands of the court. He must also preserve 
the peace in his county, and to this end he may arrest 
all persons whom he sees committing offences and may 
bring them before the proper magistrate. He is the 
custodian of the court-house and jail. Therefore he 
must care for all prisoners in the jail. When prisoners 
are to be taken to other places, he removes them. He 
executes those condemned to death. The sheriff has 
deputies to assist him and is responsible for their acts. 
Can you find ■ anything in the constitution about the 
re-election of sheriffs } 

Our unit, the county, has found it necessary to* have 
another officer called a State’s attorney. The reason is 
this. There will be of necessity some persons arrested 
for crimes and either lodged in the jail or bailed out 
until the time of trial. 

It will be necessary for the county to provide some 
one to look after these cases and see that they are 
properly tried. If not, since what is every one’s busi¬ 
ness is no one’s business, there would be no one to con¬ 
duct the case against the men arrested, and so they 
would escape. This would be a great calamity for 


THE COUNTY. 


41 


good government, and so the county elects this officer, 
sometimes called a “prosecuting attorney.” 

In addition to seeing that persons accused of crime 
are properly tried, he must act as the adviser of county 
officers or of justices in all county matters; also, if some 
one brings suit against the county, he must defend the 
county or any official of the county when the suit is 
against him as a county officer. He must also begin and 
prosecute any action brought by any county officer in 
his official capacity. From this, we see that more than 
one duty of importance is laid on the State’s attorney. 
Did we find any corresponding officer in the town } 

Still one other county officer remains to be described, 
the coroner. This officer is sometimes in literature 
called the crowner, and this gives an idea of his original 
power and the source of appointment, crowner or crown 
officer. The office is a very old one. Its powers have 
been gradually contracted until now the chief duty of 
a coroner is to inquire into any cases of death supposed 
to have resulted from violence or accident. When such 
a case occurs, the coroner is to proceed at once to the 
place where the body is and take charge of it; he must 
summon a jury of six men and proceed to investigate 
the cause of the death. He has the power to summon 
witnesses also. He must keep a record of the inquest 
and report it to the county clerk. After the inquest, 
he gives the body into the charge of friends of the 
deceased or, if there ^ are none, buries it at public ex¬ 
pense if necessary. If the jury find that some person 
is implicated in a criminal manner in the death of the 
deceased, the coroner has a right to arrest the one on 
whom suspicion falls and commit him to the county jail. 


42 


CIVIL GOVERNMENT OF ILLINOIS. 


In case of the death of the sheriff or when he is a 
party to a suit, as sometimes happens, the coroner acts 
as sheriff. 

We have seen, then, the officers that our unit called 
the county uses for its government. We have seen 
how the legislative and judicial and executive appear 
as they did in our first unit, the town. But there is this 
to be always remembered, that the pure democracy of 
the town has ceased, and representative government 
has taken its place. Compare the term of all the county 
officers (see constitution) with the term in the town. 
Why are they different.? Is it desirable to have them 
different } As to salaries, we will remember that, with 
the exception of that of superintendent of schools, the 
rate is fixed by the board of supervisors or commis¬ 
sioners. 


THE STATE. 


43 


CHAPTER IV. 

THE STATE. 

I. 

THE LEGISLATIVE DEPARTMENT. 

The next larger unit is the State. Without any at¬ 
tempt at proper proportions, as they exist in our State, 
we may represent the three units thus: — 


IT 

COUNTY. 


STATE. 







44 


CIVIL GOVERNMENT OF ILLINOIS. 


It seems quite a step from the government of a 
county to that of a State, even though the State be no 
larger than Delaware or Rhode Island; it seems a 
much greater step to go from the county to the State 
of Illinois with its 102 counties. Yet it is quite probable 
that the same general ideas that have been found in 
the government of the town and county, will be found 
to work well in the State. Moreover, it is evident that 
the government must be representative, for that was 
found to be necessary in the county because of its in¬ 
creased size over the town ; how much more so, then, in 
the State } It has been explained in Part I. of this 
book that the State has certain duties and relations to 
the national government, that the county or the town 
as such, knows nothing of; but we shall find that, in 
general, the government of the town is repeated in the 
State; that is, the town in its government is a very 
small State, the State a very large town. There is one 
other peculiarity that we should keep in mind; the State 
has made a constitution for its own security, and to in¬ 
sure good government at the hands of its officers. For 
a State to possess such an instrument is a great step in 
government. The charters that the colonies prized so 
highly were, in their nature, the same as our State con¬ 
stitutions. You will recall the story of the charter oak, 
and the determination of other colonies not to surrender 
these protections of their liberties. A constitution is 
the supreme law of the State, and no law can be made 
binding on the people that is contrary to it. Illinois 
has had three; the first in 1818, the second in 1848, 
the third in 1870. Notice how the constitution begins: 
“We, the people of the State of Illinois.” We are 


THE STATE. 


45 


always, then, to remember that the people are the real 
power, and since they have made a constitution, it is 
quite plain that they have the power to alter it. Ac¬ 
cordingly, we find that the constitution can be amended, 
and since 1870 five amendments have been adopted. 
What is the substance of each } You have noticed one 
when studying, concerning sheriffs and treasurers of 
the county. Since the people cannot all assemble to 
make the laws, it is evident that they must select men 
to represent them. 

In the county the people are represented by means 
of the supervisors or commissioners; in the State, by 
men called representatives. These, as a body, are 
called the General Assembly. It has two divisions — 
the Senate and the House of Representatives. The 
Assembly meets regularly at Springfield, once in two 
years. The sessions begin at twelve o’clock, noon, on 
Wednesday next after the first Monday in January in 
the odd-numbered years. There are fifty-one senators 
and 153 representatives. To secure this number, the 
State is divided into fifty-one districts, each sending one 
senator and three representatives. It may occur at 
this point that such an arrangement might not be just, 
because some of the districts might, by the growth of 
population, become much more populous than others, 
and so they should have more representatives and sen¬ 
ators than less populous districts. This, certainly, would 
be unjust under a government with our ideas of each 
man having an equal voice in the government of the 
State. The difficulty is overcome in this way. The 
census of the United States is taken once in ten years. 
After each census, it is the duty of the General Assem' 


46 


CIVIL GOVERNMENT OF ILLINOIS. 


bly to divide the State into fifty-one districts. The 
unit of population desired in each district is found by 
dividing the population of the State by fifty-one. No 
district can have less than three-fourths of this unit. 
These districts must be of contiguous and compact 
territory, bounded by county lines, and contain as nearly 
as possible the same number of inhabitants. The 
State has not been redistricted for the census of 1890. 
The districts, as divided after the census of 1880, are as 
follows : — 

Senatorial and Representative Districts. 

First — The ninth and tenth wards of Chicago, and 
that part of the eleventh ward north of the center line 
of Van Buren street. 

Second — That part of the fourth ward of Chicago 
south of the center line of Twenty-ninth street, and the 
towns of Hyde Park and Lake, in Cook County. 

Third — The first, second, and third wards of Chicago, 
and that part of the fourth ward north of the center 
line of Twenty-ninth street. 

Fourth—That part of the eighth ward north of the 
center line of Taylor street, and that part of the elev¬ 
enth ward south of the center line of Van Buren street, 
and the twelfth ward of Chicago. 

Fifth — That part of the sixth ward west of the 
center line of Throop street, the seventh ward, and that 
part of the eighth ward south of the center line of 
Taylor street in Chicago. 

Sixth — The eighteenth ward, that part of the six¬ 
teenth ward east of the center line of Sedgwick street, 


THE STATE. 


47 


and the fifteenth ward of Chicago, and the towns of 
Lake View and Evanston, in Cook County. 

Seventh — The towns of New Trier, Northfield, 
Wheeling, Palatine, Barrington, Hanover, Schaumberg, 
Elk Grove, Maine, Niles, Jefferson, Norwood Park, 
Leyden, Proviso, Cicero, Riverside, Lyons, Lemont, 
Palos, Worth, Calumet, Thornton, Bremen, Orland, Rich, 
and Bloom, in Cook County. 

Eighth — Lake, McHenry, and Boone counties. 

Ninth — The thirteenth ward, and all of the fourteenth 
ward except that portion thereof lying east of a line 
drawn from a point where the center line of Milwaukee 
avenue intersects the center line of Ohio street, north¬ 
west along said center line of Milwaukee avenue to the 
center line of Ashland avenue, thence north along the 
center line of Ashland avenue to the center line of Cly- 
bourne place, thence northeasterly along the center 
line of Clybourne place to the north branch of Chicago 
River, in the city of Chicago. 

Tenth — The counties of Winnebago and Ogle. 

Eleventh — The fifth ward and that part of the sixth 
ward east of the center line of Throop street, in 
Chicago. 

Twelfth — Jo Daviess, Stephenson, and Carroll coun¬ 
ties. 

Thirteenth — That part of the fourteenth ward lying 
east of a line drawn from the intersection of the center 
line of Milwaukee avenue with the center line of Ohio 
street, northwest along the center line of said Milwaukee 
avenue to the center of Ashland avenue, thence north 
along the center line of Ashland avenue to the center 
line of Clybourne place, thence northeasterly along the 


48 


C/V/L GOVERNMEIVT OE ILLINOIS. 


center line of Clybourne place to the north branch of 
the Chicago River; that part of the sixteenth ward west 
of the center line of Sedgwick street, and the seven¬ 
teenth ward in the city of Chicago. 

Fourteenth — Kane and Du Page counties. 

Fifteenth — Will. 

Sixteenth — Kankakee and Iroquois. 

Seventeenth — De Kalb, Kendall, and Grundy. 
Eighteenth— Livingston and Ford. 

Nineteenth — Whiteside and Lee. 

Twentieth— Marshall, Woodford, and Tazewell. 
Twenty-first—Rock Island and Henry. 
Twenty-second — Knox and Fulton. 

Twenty-third—La Salle. 

Twenty-fourth—Hancock, Henderson, and Mercer. 
Twenty-fifth — Bureau, Stark, and Putnam. 
Twenty-sixth — Peoria County. 

Twenty-seventh — Warren and McDonough. 
Twenty-eighth— McLean. 

Twenty-ninth — Logan and Macon. 

Thirtieth — Champaign, Piatt, and De Witt. 
Thirty-first — Vermilion and Edgar. 

Thirty-second—Douglass, Coles, and Cumberland. 
Thirty-third — Moultrie, Shelby, and Effingham. 
Thirty-fourth — Mason, Menard, Cass, and Schuyler. 
Thirty-fifth — Adams. 

Thirty-sixth — Brown, Pike, and Calhoun. 
Thirty-seventh — Scott, Greene, and Jersey. 
Thirty-eighth—Macoupin and Morgan. 

Thirty-ninth — Sangamon. 

Fortieth — Christian and Montgomery. 

F orty-first — M adison. ^ 


THE STATE. 


49 


Forty-second — Bond, Clinton, and Washington. 

Forty-third — Fayette, Marion, and Jefferson. 

Forty-fourth — Clay, Richland, Wayne, and Edwards. 

Forty-fifth— Clark, Jasper, and Crawford. 

Forty-sixth—Hamilton, White, Wabash, and Law¬ 
rence. 

Forty-seventh—St. Clair. 

Fotty-eighth — Monroe, Randolph, and Perry. 

Forty-ninth—Saline, Gallatin, Hardin, Pope, and 
Massac. 

Fiftieth — Jackson, Union, and Alexander. 

Fifty-first — Franklin, Williamson, Johnson, and Pu¬ 
laski. 

At each general election, meaning by that an elec¬ 
tion at which any State officers are elected, a part of 
the members of the Assembly are elected, all of the 
representatives, and half of the senators. Senators 
from the even-numbered districts are chosen at one 
election, and those from the odd-numbered at the next. 
The even-numbered districts elect senators in 1892. 
When vacancies occur, the governor orders a special 
election, if the Assembly is in session, or will be before 
another general election. It is possible, when voting 
for representatives, for each voter to cast one ballot for 
each of three men to be elected, or to cast one and one- 
half ballots for two men, or to cast three ballots for one 
man. This last method is called “plumping.” It is 
usual in districts where there is quite a majority for one 
of the parties, for the party having the majority, to 
nominate two candidates, and the party in the minority, 
one. The majority candidates receive one and one-half 


50 


CIVIL GOVERNMENT OE ILLINOIS. 


votes each from the voters of their party; the minority 
candidate receives three votes from the voters of his 
party. In this way the minority secures a representative, 
which it would not do if each party nominated three men. 
This system of voting is called minority representation. 

What do you think of the justice of this plan } Do 
you think of any disadvantages } Does a majority of a 
few votes rightly entitle one party to all the representa¬ 
tives from a certain locality ? 

The members, then, of the House are chosen for two 
years; the members of the Senate for four. Each 
senator must have attained the age of twenty-five years, 
and each representative the age of twenty-one, and 
must have been five years a resident of the State, and 
for the two years preceding the election a resident of 
the district from which he is elected. Moreover, he 
must not be occupying any office except in the militia, 
or the position of justice, or notary public. What is 
the reason for this requirement.? There is one other 
very important condition in the constitution (article 4, 
paragraph 3, first part). What is it.? Before assuming 
the duties of the office, each member is required to take 
or affirm a peculiar oath or affirmation prescribed by 
the constitution. (See article 4, paragraph 5.) Ex¬ 
plain the reason for such an oath. 

Because it is of so much importance that the work of 
the Assembly be performed, the members are exempt 
from arrest in civil matters; but they must not receive 
appointment to any civil office within the State at the 
hands of the governor, the governor and Senate, or the 
General Assembly. 

The pay of the members is $5 per day, and ten cents 


THE STATE. 


51 


a mile, necessarily traveled in going to and returning 
from Springfield. There is an additional allowance of 
;^50 a session for paper, postage, and the like. 

Let us inquire about the organization of the Assem¬ 
bly and its methods of transacting business. First, 
the House. Each member has received a certificate of 
election from the governor, and his name has been 
placed on the roll. At the appointed time, the secre¬ 
tary of State calls the House to order. The House 
then proceeds to elect a temporary speaker, clerk, door¬ 
keeper, postmaster and assistants. Then a permanent 
speaker is elected, and the other temporary officers are 
usually made permanent. The House then makes rules 
for its guidance, for it is quite evident that without rules 
it would be quite impossible to conduct business. As 
soon as possible the speaker appoints his committees. 
These are groups of members whose duty it is to con¬ 
sider carefully any matters that may be referred to 
them. It would be impossible to transact business with 
much facility if each matter was to be investigated by 
all the members of the House. To do this well would 
take a large amount of time, and it can be much better 
done by small groups. In our last House there were 
fifty-one of these committees, and most of them had 
from fifteen to twenty-one members. One had twenty- 
five. A majority of the members on each committee 
are of the same party as the speaker. This officer has 
great responsibility in the appointing of these commit¬ 
tees, for he has it in his power to appoint on them men 
who are known to be hostile to measures that are sure 
to come up for consideration. Suppose he does so. 
When such a measure is introduced in the form of a 


52 


CIVIL GOVERNMENT OE ILLINOIS. 


bill, it will be referred to an hostile committee, and there 
it will remain ; or the committee will report that it is 
not best to have the measure become a law, and usually 
such report is the end of the matter. The first place 
on each committee, called the chairmanship, is very 
much sought after, for it is considered a high honor. 
Soon after organizing, the governor sends a message to 
both House and Senate on the condition of the State, 
and makes any recommendations that he may think 
best. After the message and the appointment of com¬ 
mittees, the business of the House may be said to be 
fairly started. The sessions are sometimes quite long. 
The last Assembly was in session from January 7 to 
June 12. Some sessions are even longer than that. 

The Senate is organized in much the same way as the 
House. 

It is called to order at the appointed time by the lieu- 
tenant-governor, and then, after temporary organization 
and the newly-elected senators are sworn in, a perma¬ 
nent organization is effected. A president pro tempore 
is elected to preside in the absence of the lieutenant- 
governor. There are other subordinate officers such as 
the House appoints. The Senate is also divided into 
committees. At the last session there were thirty-nine, 
most consisting of from nine to nineteen members. 
Measures such as the members desire to become laws 
are introduced under the name of bills. Each bill must 
have a title, as “ An act making appropriations for 
the Illinois Soldiers’ and Sailors’ Home.” Section i of 
each bill begins with what is called an enacting clause. 
It is as follows: “ Be it enacted by the people of the 
State of Illinois represented in the General Assembly.” 


THE STATE. 53 

This is a constant reminder that the people are the real 
law-makers. 

Each House has a regular order of business. In this 
is a time for the introduction of bills. When this time 
is reached in the House, the roll of the members is 
called in alphabetical order. If Mr. Brown, a member, 
wishes to introduce a bill, when his name is called he 
rises in his place and says, “ Mr. Speaker, I desire to 
introduce a bill.” The speaker says, “ Send it to the 
clerk’s desk.” If the member has another bill to intro¬ 
duce he again addresses the speaker in the same way 
and receives the same answer. Under the rules, he may 
introduce only three bills on the same day. Bv the 
same rules, the bill is then referred to an appropriate 
committee, and ordered printed. After reference, it is 
considered by the committee, and if they think that the 
bill should become a law, they report it favorably to the 
House. It is then read “at large ” the first time, and 
ordered to its second reading. Reading “ at large ” 
means reading all of the bill. On another day, it is- 
read a second time and amended if this is the wish of 
the House. These amendments are also printed. On 
a third day, it is read at large a third time and then 
usually put on its passage. On the passage of the bill, 
the vote must be by ayes and noes. Find the constitu¬ 
tional provision. What do you infer about the method 
of voting on the first and second reading } By the rules 
of the Senate, the roll is not called on the introduction of 
bills nor are bills ordered printed until reported from a 
committee. In the Senate also bills are usually read at 
large a first time before being referred. After a bill 
has passed one branch of the Assembly, to become a 


54 


CIVIL GOVERNMEA^T OF ILLINOIS. 


law it must also pass the other, be signed by both the 
president of the Senate and the speaker of the House 
and the governor. 

The governor, however, may not approve of the bill. 
In this case, he returns the bill to the Assembly with 
his reasons for not signing it. The Senate and House, 
each by a two-thirds vote of members elect, may pass the 
bill over the veto, and it becomes a law without the 
signature of the governor. To which body shall the 
vetoed bill be sent 1 The constitution states. What 
does it state about the time the governor may keep a 
bill without its becoming a law } Compare the Constitu¬ 
tion of the United States (article i, section 7) with 
the constitution of Illinois (article 5, paragraph 16). 
Do you note any difference t 

Bills may originate in either House, and sometimes 
the same bill is introduced into both Houses at the same 
time. Then whichever bill is first passed by one House 
is sent to the other for passage there. For a bill to 
finally pass, it must receive the affirmative vote of a 
majority of the members elected. When does a bill 
that has become a law take effect ? The day that the 
governor signs it ? Not unless the case is one of what 
is called “ emergency.” It must be stated in the bill 
that an emergency exists. Then if a two-thirds vote 
can be secured for the bill, and it is properly signed, 
it becomes a law at once. Without this emergency 
clause, the bill does not become a law until the first of 
July following the passage. What reason can you give 
for allowing time to elapse between the passage of a 
law and its going into effect ? 

This, then, is the way in which the people of Illinois, 


THE STATE. 


55 


assembled in town meeting by means of representatives, 
make their laws. It should never be forgotten that the 
people are the real law-makers and the real power. 
Read the preamble to the constitution. 

The special duties of each subordinate officer of the 
Senate and House have not been given because the 
title of the officer suggests the duties of the office. 
What three duties of the speaker have been mentioned.? 
What two of the president of the Senate } 

Can we define the duties of the General Assembly ? 
Only in the most general way. If we go back to the 
town meeting, we may get an idea of the kind of laws 
that will preponderate. There the laws which always 
engaged attention, because always necessary, were 
those about money. It was so in the county; it is so 
in the State. Of the laws passed by our last Assembly, 
more than one-fourth of the volume is composed of 
laws concerning appropriations. What do you under¬ 
stand by this term ? The Assembly must also levy 
taxes and make such other laws as will be for the good 
of the State. There is one other power worthy of our 
attention, for it shows the people as supreme and the 
source of all power. Law is from the people and so 
they really administer justice. You may have read how 
a certain king of England was tried and condemned 
and beheaded by the orders of the people, speaking 
through a parliament; so our people, while in general 
handing the judicial power over to judges, courts, and 
juries, have reserved for themselves as a reminder of 
their real power the right to sit in judgment on the acts 
of their servants whom they have elected to office. So 
State officers are liable to impeachment. 


56 CIVIL GOVERUMENT OF ILLINOIS. 

There are several restrictions in the constitution as 
regards laws that may be passed. Please notice under 
article 4 and paragraph 22, the tenth particular, also 
paragraph 26. Do you know whether the last provis¬ 
ion is in the constitution of other States } What is the 
reason for its adoption } 


11 . 

THE EXECUTIVE DEPARTMENT. 

Thus far, under the topic of the State, we have stud¬ 
ied the people in their chief representative gathering, 
the General Assembly. But we shall expect to find 
other departments of our unit called the State, just as 
we found otl\er departments in the governments of 
smaller units. Closely related to the legislative is the 
executive, and the constitution provides for seven offi¬ 
cers in this department: Governor, Lieutenant-Gov¬ 
ernor, Secretary of State, Auditor of Public Accounts, 
Treasurer, Superintendent of Public Instruction, and 
Attorney-General. It will be an interesting study to 
compare the officers in this highest unit, which we here 
study, with the officers in the unit called the town. Can 
you trace similarities ? Let the question be put in an¬ 
other form: Is there any State executive officer whose 
duties are not suggested by some one or more officers 
of the town ? 

On the first Tuesday after the first Monday of No¬ 
vember, in years in which a President is elected, an 
election is held for all these officers, excepting the 
superintendent of public instruction; two years from 


THE STATE. 


57 


that time, the superintendent and treasurer are elected. 
Can a treasurer succeed himself } What is the term of 
each State officer mentioned above } We have learned 
that after each general election a certain officer of each 
county sends the results of the vote in his county to the 
secretary of state. At the beginning of each session 
of the Assembly, and before the work begins, these 
returns are opened in the presence of a majority of the 
Senate and House, and the candidate receiving the 
highest number of votes for each office is declared 
elected. 

When should these officers assume their duties } 
Have any of the officers an age qualification.? Consult 
the constitution (paragraphs i and 5, article 5). 

The Governor. 

First of all, as he is the chief executive officer of the 
people, he has in general this duty, to see that the laws 
are executed. Since he should know better than any 
one else in the State the needs of all the people, he 
must give counsel to each Assembly as to the best in¬ 
terests of the State. This advice and statement of the 
condition of the State is called the governor’s message. 
We have already spoken of it. A very important power 
of the governor is that of appointment. Many State 
officers are not elected by the people, but are appointed 
by the governor. Yet this power alone might be very 
dangerous, and so it is required that the Senate confirm 
the appointments. Can you see any reason why the 
Senate, rather than the House, should confirm the nom¬ 
inations } After a person has been rejected by the 


58 


C/J//L GOVERNMEN'T OE ILLINOIS. 


Senate, he cannot again be nominated for the same 
office at the same session. Is this a wise precaution 1 

Since the governor has sufficient power to appoint, 
he may also remove from office, if the person appointed 
is guilty of neglect of duty, illegal conduct, or is incom¬ 
petent. 

If the interests of the State demand it, he may call 
extra sessions of the Legislature. Another power con¬ 
ferred on the governor seems somewhat strange, for it 
would seem at first to belong rather to the judicial than 
to the executive department. It is the power to grant 
reprieves, commutations, and pardons for all offences. 
Cannot judges decide better than persons not versed in 
law in regard to such matters t The explanation is 
probably to be found in applying for the moment to the 
governor the attributes of a king. In olden times, all 
offences were against the king, and hence, says Black- 
stone, came his power of “ pardoning offences, for it is 
reasonable that he who is injured should have the 
power of forgiving.” Some States have taken this 
power from the governor and given to a board of par¬ 
dons. Can you see any good reasons for such a board } 

Finally, the governor is the commander of the militia, 
and may call it out if occasion demands. His veto 
power has already been considered. You will remem¬ 
ber that he can be impeached and removed from office. 
His salary is $6000 a year, and the use of the executive 
mansion. If the office of governor becomes vacant by 
death, conviction on impeachment, or other disability of 
the governor, the lieutenant-governor becomes governor. 
As lieutenant-governor, he is president of the Senate, but 
has no vote except in case of a tie. His salary is $1000. 


THE STATE. 


59 


We have already noticed one duty of the secretary 
of State in connection with the meeting of the House 
of Representatives. 

He must keep carefully in his office all the acts and 
resolutions passed by the Assembly, and must also cer¬ 
tify to the correctness of the published laws. The pub¬ 
lic property at Springfield is also in his care. The 
Assembly provides for the distribution of the laws it 
passes, and the records of its proceedings, called jour¬ 
nals. The secretary must see to this distribution. He 
is the keeper of the seal of the State, and affixes it 
with his signature to all commissions issued by the gov¬ 
ernor. ' Every justice or notary public has such a com¬ 
mission. The secretary must issue charters to men 
doing business together under the name of a corpora¬ 
tion. To these he affixes his signature and the seal of 
the State.. He must issue registration blanks to the 
judges of election before each general election, and also 
see to the printing and distributing of the ballots at 
such an election. He must report to the governor bien¬ 
nially the business of his office. He gives a bond in 
the sum of ^100,000. His salary is ^3500 a year. 

The auditor of public accounts is both a book-keeper 
for the State and also a guard over the public money. 

As a book-keeper, he must keep an account with 
either the United States or any State, corporation, 
public officer, or individual doing business with the 
State. As a guard of the public money, he examines 
all bills that are presented against the State, and if he 
finds that the bill is correct, he gives the party to whom 
the bill is due a check on the treasurer for the amount 
of the bill. This check is called an auditor’s warrant. 


6 o 


CIVIL GOVERNMENT OE ILLINOIS. 


He must report to the governor biennially the business 
of his office. There are two other duties incurnbent on 
the auditor. First in regard to insurance companies. 
There are a large number of these doing business in 
Illinois and it is of the utmost importance to the busi¬ 
ness interests of the State that they be financially 
sound, so the State directs the auditor to make an ex¬ 
amination of the affairs of the companies, and if there 
is any doubt about their soundness, he must take legal 
measures to prevent them from doing business in the 
State. 

The other duty is performed in connection with the 
governor and treasurer. We have noticed when study¬ 
ing about the Assembly that very many of the bills 
passed were those making appropriations of money. 
This money must be raised by a State tax. So after the 
property of the State has been assessed and equalized, 
the governor, auditor, and treasurer compute the rate 
per cent necessary to raise the amount required, and 
the auditor then informs the county clerks. 

The auditor must report biennially to the governor, 
and give bond for $50,000. His salary is $3500 a year. 

You will recall that we did not find in our first unit, 
the town, any treasurer. The duties of that office were 
distributed, but when we came to the county we found 
a better arrangement. There we found a treasurer. 
In the State, the office is of great importance. Large 
sums of money are intrusted to the treasurer, and he is 
consequently required to give a large bond, $500,000, 
and the governor may require more. 

The treasurer can neither receive nor pay out money 
except on the order of the auditor. Whenever he pays 


THE STATE. 


6l 


an order, he must cancel it To see how this is done, 
if your father keeps a bank account ask to look at his 
canceled checks. He must settle with the auditor once 
a month and make a biennial report to the governor. 
His salary is 3500 a year. 

The duties of the superintendent of public instruction 
will be mentioned under the public school system. 

The attorney-general is the attorney of the State. 
As any attorney, he will be called upon both to consult 
and give advice, and also to appear in court. As a 
lawyer in court, he will represent his clients, the people, 
before the supreme court of the State; he will also 
appear for the officers of the State in any court of this 
State or of the United States whenever suit is brought 
against them in their official capacity. He will advise 
with the governor or other State officers upon questions 
relating to the proper discharge of their official duties, 
and will give his opinion upon legal questions at the 
request of the Legislature. He must also see to it that 
the funds appropriated for the public institutions of the 
State are so used. 

He gives a bond for $5000 and receives a salary of 
$3500 a year. 

These are the officers that are elected in the execu¬ 
tive department of our State government. Yet these 
are not all the executive officers. As our social life 
becomes more complex, it is necessary to have other 
officers to perform duties that were not necessary in the 
earlier days. As we found in our town and county 
government that officers combined in boards played an 
important part, so we may expect to find boards in our 
State government, composed either of officers elected 


62 


CIVIL GOVERNMENT OE ILLINOIS. 


by the people, or appointed by the people through some 
one to whom the power has been given. 

There are the following boards : — 

I, State Board of Agriculture. 

II. State Board of Canal Commissioners. 

III. State Board of Charities. 

IV. State Board of Claims. 

V. State Board of Dental Examiners. 

VI. State Board of Equalization. 

VII. State Board of Fish Commissioners. 

VIII. State Board of Health. 

IX. State Board of Horticulture. 

X. State Board of Inspectors of Coal Mines. 

XI. State Bureau of Labor Statistics. 

XH. State Board of Live Stock Commissioners. 

XIII. State Board of Pharmacy. 

XIV. State Board of Railway and Warehouse Commissioners. 

XV. State Board of Returns of Elections. 

Of these boards I., VI., and IX., are elected ; I., by the 
delegates of the agricultural societies of the counties; 
VI., by the people at a general election; IX., by the 
three horticultural societies of the State. All the rest, 
excepting V., X., and XV., are nominated by the governor 
and confirmed by the Senate. V. and X. are nominated 
by the governor, but are not confirmed by the Senate. 

We will very briefly speak of each board. 

I. Consists of one member from each of the congres¬ 
sional districts of the State. It has charge of the State 
department of agriculture. 

II. Is a board of three members. They have con¬ 
trol of the Illinois and Michigan Canal and the locks 
and dams on the Illinois and Little Wabash rivers. 
Term two years. Pay $5 a day for time employed. 


THE STATE. 


63 


III. Is a board of five. Some, or all of them, must 
visit all of the charitable and penal institutions of the 
State at least twice a year, and report to the governor. 
Term five years. Allowed only traveling expenses. 

IV. Consists of three members, who adjust claims 
against the State. Term four years. Pay $15 a day 
for time employed. 

V. Consists of five members, who grant licenses to 
practice dentistry. Term five years. Pay ^5 per day 
and expenses. 

VI. Is the same in principal as the town and county 
boards of equalization. It is composed of one member 
from each congressional district and the State auditor. 
The board meets once a year at Springfield on the sec¬ 
ond Tuesday in August. The work of this board is 
often very important. Term four years. Pay $5 per 
day and mileage. 

VII. Consists of three members. They care for the 
food fishes of the State. Term three years. They re¬ 
ceive ^300 for expenses. 

VIII. Is a board of seven members. They are to 
prevent the spread of contagious diseases. They also 
license to practice medicine. Receive only expenses. 
Term seven years. 

IX. Already referred to, has control of certain funds 
given by the State to encourage horticulture. 

X. Is a board of five. They are to see that suitable 
precautions are taken for the safety .and health of 
miners. Pay ^1800 a year each. Term one year. 

XL Is a board of five members. They collect statis¬ 
tics relating to the interests of the laboring classes, 
Pay a day and expenses, for thirty days. 


64 


CIVIL GOVERNMENT OF ILLINOIS. 


XII. Care for the livestock interests of the State. 
They may kill diseased cattle and establish quarantine. 
The board consists of three members. Term three 
years. They receive their expenses. 

XIII. Consists of five members. They issue licenses 
to practice pharmacy. Term five years. Pay ^5 per 
day and expenses. 

XIV. Consists of three members. They see that the 
railways and public warehouses are managed according 
to law. Each receives a salary of $3500 a year. 

XV. Consists of the secretary of State, the auditor, 
the treasurer, and attorney-general. These, or any 
two of them, in the presence of the governor, and 
within twenty days after any general election, canvass 
the returns for representatives in Congress, judges and 
clerk of supreme court, judges of circuit court, members 
of Assembly, and members of State board of equaliza¬ 
tion, and declare the results. 

The governor also appoints, and the Senate confirms, 
the various boards that have charge of the charitable in¬ 
stitutions of the State. Besides the boards enumerated, 
there are various officers appointed by the governor 
with the consent of the Senate. Among these are the 
following: a State superintendent of savings banks, a 
State entomologist who collects and disseminates infor¬ 
mation concerning insects injurious to the agricultural 
interests of the State, notaries public, nineteen justices 
of the peace for the city of Chicago; also the adjutant- 
general, next to the governor, the highest officer in the 
State militia. (See article 12 of constitution.) 


THE STATE. 


65 


III. 

THE JUDICIAL DEPARTMENT. 

There remains but one division of our State govern¬ 
ment to be described,—the judicial. In our smallest 
unit, we found law ; in the second unit, this power was 
more evident; in our highest unit, we shall expect to 
find it most highly developed. 

The judicial department of Illinois consists of three 
courts, with their necessary officers. Lowest in rank is 
the circuit court; second, is the appellate; third, is the 
supreme. 

T/ie Circnit Court. 

The State is divided into fourteen divisions called 
circuits. They are as follows : — 

First Circuit—The counties of Franklin, Saline, Wil¬ 
liamson, Jackson, Union, Johnson, Pope, Hardin, Mas¬ 
sac, Pulaski, and Alexander. 

Second Circuit —The counties of Cumberland, Effing¬ 
ham, Clay, Jasper, Richland, Lawrence, Crawford, Jef¬ 
ferson, Wayne, Edwards, Wabash, White, Hamilton, 
and Gallatin. 

Third Circuit — The counties of Bond, Madison, St. 
Clair, Marion, Clinton, Washington, Randolph, Monroe, 
and Perry. 

Fourth Circuit — The counties of Vermilion, Edgar, 
Clark, Coles, Douglas, Champaign, Piatt, Moultrie, and 
Macon. 


66 


CIVIL GOVERNMENT OF ILLINOIS. 


Fifth Circuit — The counties of Sangamon, Macoupin, 
Christian, Montgomery, Fayette, and Shelby. 

Sixth Circuit — The counties of Hancock, Adams, 
Fulton, McDonough, Schuyler, Brown, and Pike. 

Seventh Circuit — The counties of De Witt, Logan, 
Menard, Mason, Cass, Morgan, Scott, Greene, Jersey, 
and Calhoun. 

Eighth Circuit — The counties of Putnam, Marshall, 
Woodford, Tazewell, Peoria, and Stark. 

Ninth Circuit — The counties of Bureau, La Salle, 
Will, and Grundy. 

Tenth Circuit —The counties of Rock Island, Mercer, 
Henry, Henderson, Warren, and Knox. 

Eleventh Circuit—The counties of McLean, Ford, 
Kankakee, Iroquois, and Livingston. 

Twelfth Circuit — The counties of Boone, De Kalb, 
McHenry, Lake, Kane, Du Page, and Kendall. 

Thirteenth Circuit — The counties of Jo Daviess, 
Stephenson, Winnebago, Carroll, Whiteside, Ogle, and 
Lee. 

Cook County constitutes another circuit. 

Each of these circuits elects three judges once in six 
years. Two of these go from county to county holding 
court. At least two terms must be held each year in 
each county. At these terms, the sheriff of the county 
must be present to assist in holding the court; also the 
circuit clerk, and the grand and petit juries. These 
juries require a word of explanation. A grand jury 
consists of twenty-three men selected by the county 
board. They investigate all criminal charges brought 
against any one, and if they think that the evidence 


THE STATE. 


67 


justifies a trial, they make a statement to that effect to 
the court. This is called an indictment, and the person 
so accused is then brought to trial before a petit jury. 
The petit jury is drawn by the circuit clerk from lists 
furnished by the county board. Jury trial has always 
been considered as one of the great safeguards of our 
liberties. How is this so } Have there been countries 
where it was not allowed } It will be interesting to 
trace jury trial among English speaking people. 

The circuit court has two jurisdictions, first, original, 
in criminal and in civil cases ; second, appellate in all 
cases appealed from the county courts or from justices 
of the peace. The salary of the circuit judges is ;^3500. 
How is the salary of the circuit clerk determined } 


Appellate Coju't. 

You noticed that while three judges were elected for 
each of the circuits, only two were engaged in the duty 
of holding the sessions of court in the different counties. 
The third judge is a member of the appellate court. 
There are four such courts in the State, each one hav¬ 
ing jurisdiction over certain counties, together called a 
district. These districts are as follows : — 

First — Cook County. 

Second — Counties of Boone, Bureau, Carroll, De 
Kalb, Du Page, Grundy, Henderson, Henry, Iroquois, 
Jo Daviess, Kane, Kankakee, Kendall, Knox, Lake, 
La Salle, Lee, Livingston, Marshall, McHenry, Mer¬ 
cer, Ogle, Peoria, Putnam, Rock Island, Stark, Stephen¬ 
son, Warren, Whiteside, Will, Winnebago, and Woodford. 


68 


CIVIL GOVERNMENT OF ILLINOIS. 


Third — Counties of Adams, Brown, Cass, Calhoun, 
Champaign, Christian, Clark, Coles, Cumberland, De 
Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, 
Jersey, Logan, Macon, Macoupin, Mason, McDonough, 
McLean, Menard, Montgomery, Morgan, Moultrie, Piatt, 
Pike, Sangamon, Schuyler, Scott, Shelby, Tazewell, and 
Vermilion. 

Fourth — Counties of Alexander, Bond, Clay, Clin¬ 
ton, Crawford, Edwards, Efifingham, Fayette, Franklin, 
Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, 
Johnson, Lawrence, Madison, Marion, Massac, Monroe, 
Perry, Pope, Pulaski, Randolph, Richland, Saline, St. 
Clair, Union, Wabash, Washington, Wayne, White, and 
Williamson. 

The supreme court of the State selects from the 
judges elected in the circuits three to act as judges of 
the appellate court. 

It will be necessary to have a clerk, and one is elected 
from the district; there must be a sheriff, and so the sheriff 
of the county where the court meets performs that duty. 

When it is stated that the judges themselves try all 
cases, doing without a jury, we see that our court is 
equipped for work. To this court may come nearly all 
classes of cases appealed from county and circuit courts, 
excepting criminal cases. They are appealed to the 
supreme court. That there may be some end to litiga¬ 
tion when small sums are in dispute, it is provided that 
unless the sum in dispute be $1000 or more, the case 
cannot be taken from the appellate to the supreme 
court. The judges are paid the same salary as those 
of the circuit court. The clerk is paid by fees. 


r 


THE STATE. 69 

The supreme court is the highest judicial authority in 
our State, and no one can appeal a case from it to the 
supreme court of the United States, unless it is a case 
in which a State law is alleged to be in conflict with 
the Constitution of the United States. 

Our supreme court consists of seven judges, elected 
for a period of nine years. To elect these seven, the 
State is divided into seven election districts, each dis¬ 
trict electing one. You will find these districts given in 
the constitution. These seven judges elect one of their 
number chief justice. 

This court has original jurisdiction in matters pertain¬ 
ing to the revenues of the State. You have already 
learned in what it has appellate jurisdiction. For pur¬ 
poses of holding court, the State is divided into three 
grand divisions and each of them elects a clerk; the 
sheriff of the county in which the court meets attends 
the sessions, so the court has a complete equipment 
of officers. The grand divisions are called southern, 
central, and northern, and correspond to the appellate 
court divisions as follows: southern grand division is 
fourth appellate ; central grand is third appellate, and 
northern grand is first and second appellate. Once a 
year, at Mt. Vernon, Springfield, and Ottawa, the court 
holds a session. Each supreme court judge receives 
^5000 a year. The clerks are paid by fees. 

You have learned that all the judges of the State are 
elective. Do you think it would be better if they were 
appointed for life.? Can you think of arguments on 
both sides } 


;o 


CIVIL GOVERNMENT OF ILLINOIS. 


CHAPTER V. 

CITIES AND VILLAGES. 

I. 

CITIES : LEGISLATIVE DEPARTMENT. 

We have studied about the town, the county, and the 
State. In this study, the town was taken as the unit. 
But we must not think that there are no smaller divi¬ 
sions of our State. Smaller in area than the town are 
cities and villages. 

Previous to the constitution of 1870, each city, on 
becoming such, secured a charter from the Assembly 
and was governed by its terms. By the constitution of 
1870, you will find that this is impossible. (See article 4, 
paragraph 22.) Now when it is desired to form a city, 
the people organize by what is called the “ general law,” 
and divide the territory into divisions called wards. The 
people no longer have a purely democratic form of gov¬ 
ernment as in the town, but representative government 
has taken its place. While the people are the real 
legislative department, they have delegated their power 
to a body of men called a city council. This is com¬ 
posed of a mayor and aldermen. The latter vary in 
number from six to forty-eight according to popula¬ 
tion. 

The term of the council is two years. One alder- 


CITIES AND TILLAGES. 


71 


man is elected from each ward each year. This elec¬ 
tion is on the third Tuesday of April, unless the limits 
of the city are the same as the town’s. When this is 
the case, the election is on the regular day for'town 
elections. The council meet at such times as it deter¬ 
mines, and the meetings are open to all. The powers 
of the council are such as you would expect in a body 
of men making laws for the city. In general, we may 
say such powers as the people had who gave them 
their authority. The more important are to appropriate 
money, levy taxes, regulate licenses, and care for the 
streets. 


II. 

THE EXECUTIVE DEPARTMENT. 

The mayor presides at the meetings of the council, 
but has no vote except in the case of a tie. He is 
charged, in general, with seeing that the laws of the 
city are executed. Belonging to the executive depart¬ 
ment of the city, and elected at the same time as the 
council, are a city clerk and a city treasurer. After 
what we have learned, it will not be necessary to enu¬ 
merate here the special duties of these officers. The 
council may provide by a two-thirds vote for the elec¬ 
tion by the people, or for the appointment by the mayor 
with the consent of the council, of the following addi¬ 
tional executive officers: assessor and collector, comp¬ 
troller and superintendent of streets. If the city 
assessor and collector are not elected or appointed, who 
will collect the city taxes ? 


72 CIVIL GOVERmiENT OE ILLINOIS. 

The comptroller exercises a general supervision over 
all the officers of the city who have the handling of 
money. He makes an estimate to the council once a 
year, of the amount of money required to defray the 
expenses of the city government during the ensuing 
year. The superintendent of streets has charge of the 
streets and sidewalks, and sees that they are kept in 
repair. ^ 


III. 

THE JUDICIAL DEPARTMENT. 

In all cities of 5000 population, there may be estab¬ 
lished a city court. This court has concurrent jurisdic¬ 
tion with the circuit court in all civil cases, and in all 
criminal, except treason and murder. A judge is elected 
for four years, and a clerk for the same time. The 
sheriff of the county, or his deputy, must attend the 
sessions of the court. 

A city attorney is elected by the people once in two 
years. He is the lawyer of the city, and as such gives 
advice to the city government, prosecutes offenders, and 
conducts any lawsuits the city may undertake. By 
appointment or by election, the following additional 
officers may be included in the judicial department of 
the city: corporation counsel, police magistrates, mar¬ 
shals and policemen. The corporation counsel “ is the 
chief official of the law department of the city.” He is 
not needed in small cities. Police magistrates are 
elected for four years. They have the same jurisdic¬ 
tion as justices. The marshal is the chief of police, 
and with the police is responsible for public order. 


CITIES AND VILLAGES. 


73 


Villages. 

Some communities of the State are under village 
government. Three trustees are elected each year to 
serve two years. A president is elected each year to 
preside over the board of trustees, but without a vote 
except in case of a tie. A clerk is elected annually and 
the trustees may appoint a treasurer, one or more street 
commissioners, a constable, and any other necessary 
officers. The election is on the third Tuesday of April, 
unless the limits of the village and town are the same. 
In that case it occurs on the same day as the town 
meeting. The compensation of officers in city and vil¬ 
lage is fixed by the council and trustees respectively, 
whose own pay cannot exceed $3 for each meeting. 


74 


CIVIL GOVERNMENT OF ILLINOIS. 


CHAPTER VI. 

OUR SCHOOL SYSTEM. 

1 . 

THE SCHOOL FUND. 

The bill to enable the Territory of Illinois to become 
a State was passed April i8, i8i8. In this bill were 
several provisions of great importance to the educa¬ 
tional interests of the State. First, by the vigilance 
and energy of our delegate in Congress, Nathaniel 
Pope, it was embodied in the act that three per cent of 
the net proceeds of the sale of public lands in the pro¬ 
posed State should be devoted to purposes of educa¬ 
tion. Of this three per cent, one-sixth was to be 
bestowed on a college or university. It was provided 
in this act that two entire townships should be reserved 
for the use of a seminary of learning. It was also pro¬ 
vided that section i6 in each township should be 
granted to the State “for the use of the inhabitants of 
such township for the use of schools.” If these lands 
had been wisely handled, a princely revenue would have 
accrued to the State for its common school system. As 
it was, many of them were sold at very low prices, and 
yet in spite of mismanagement the school fund of the 
State is large. The seminary fund is about $ 60 , 000 . 
The three per cent fund is over $600,000. The college 


OUR SCHOOL SYSTEM. 


75 


fund is over $150,000. There is a further fund of nearly 
$336,000, which is called the surplus revenue fund, and 
consists of money loaned by Congress to the several 
States, and which has never been asked for and probably 
never will be. More than this was given to the State, 
— it amounts to a gift, — but the above sum was made 
by the State a part of the school fund. All these funds 
are loaned to the State and interest is paid by the State 
at the rate of six per cent. The interest on the college 
and seminary funds is divided equally between the two 
normal schools ; the interest on the remainder forms 
our permanent State school fund. How much is it? 

In addition to this interest, the State raises and dis¬ 
tributes each year throughout the State for education, 
$1,000,000. Nor is this all. We must not lose sight of 
section 16. Most of these sections are sold, but esti¬ 
mating the value of what are not sold, the value of the 
township funds in the State is over $10,500,000. The 
interest of these is used for school purposes. 

With this brief statement of the school funds, we 
may glance at the organization of the school system. 

The State superintendent of public instruction stands 
at the head of the system; next to him in rank, are the 
superintendents in each county; next, the trustees; 
lastly, the directors. We have seen that the township 
is the unit in school matters, but smaller than this is 
the unit called the district, of which the directors have 
charge. 


76 


CIVIL GOVERNMENT OF ILLINOIS. 


II. 

THE DISTRICT. 

This unit is obtained by giving the trustees power to 
divide the township into suitable divisions called dis¬ 
tricts. Each of these smaller school units elects three 
directors. The term is three years, and one is elected 
each year on the third Saturday of April. It is neces¬ 
sary for the directors to give ten days’ notice of such 
election. Where have we found notice of election nec¬ 
essary } Have we ever found it unnecessary ? In this 
notice, the matters that will come before the meeting 
must be specified. 

At the annual election the directors must present to 
the voters present, a report of the receipts and expen¬ 
ditures of the district during the year, and it is also a 
part of their duty to send a copy of this report to the 
treasurer within five days previous to the election. The 
directors meet within ten days after election and elect 
one of their number clerk, and one president. Re¬ 
membering that the directors are the people repre¬ 
sented by three, their powers are much as we should 
expect them to be. First, they may levy a tax not to 
exceed two per cent for school purposes and three 
per cent for building. This two per cent tax will be 
levied, if the directors find it to be necessary after 
knowing the district’s share of the State and township 
funds. The sum that the directors need must be stated 
in proper form to the treasurer on or before the first 
Tuesday of August annually. They must maintain 


OUR SCHOOL SYSTEM. 


77 


school at least five months ^ in a year, and not more 
than nine, except by vote of the people. 

If the teacher’s schedules are found correct, the 
directors must certify to the fact and give the teacher 
an order on the treasurer for the sum due. These 
duties pertain to the directors as business men. In 
their next duty it is assumed that they are good judges 
of a teacher, for they appoint all teachers, fix their pay, 
and dismiss them for incompetency. They may make 
any rules or regulations they deem necessary for the 
good of the schools ; they visit them when they think 
best. They direct what branches of study shall be 
taught and what text-books shall be used. However, 
they may not change text-books oftener than once in 
four years. 

Although directors have such large powers in the 
district, you will notice that there is one power that 
they lack ; they have no power to examine teachers as 
to their knowledge and skill in teaching. That duty 
belongs to the county superintendent. 


III. 

BOARDS OF EDUCATION. 

If there are more than 2000 people in the district, a 
board of education is elected, consisting of six members 
and three additional members for every additional 
10,000 inhabitants. Term three years. Cities, towns, 
and districts, containing not less than 1000 and not 

1 Twenty-two school days in a month. 


;8 


CIVIL GOVERNMENT OE ILLINOIS. 


more than 20,000 inhabitants, and which are now 
managing the schools under some special act, may also 
organize under the general law and elect a board of 
education. In cities of more than 100,000, the board 
consists of twenty-one members appointed by the 
mayor and confirmed by the council. 

The powers of the boards of education and their 
manner of election correspond very closely with those 
of the directors ; there are some additional powers con¬ 
ferred, and among them this : “ Such board shall have 
power to examine and employ teachers.” Please bear 
this in mind when we come to county superintendents. 


IV. 

THE TRUSTEES AND TREASURER. 

Trustees are the school officers of the township, not 
of the town. This was explained while we were study¬ 
ing the town. When are they elected } 

The term is three years, one being elected each 
year. The board organizes by electing one of their 
number president, and also electing some person not a 
trustee or director, treasurer. The treasurer, who is 
also clerk of the board, must give a sufficient bond. 
Two regular meetings are held, one on the first Mon¬ 
day of April, the other on the first Monday of October. 

The trustees have power to divide the township into 
suitable school districts according to the wish of a 
majority of the inhabitants. 

Their most important duty is a financial one. We 


OUR SCHOOL SYSTEM, 


79 


have noticed that the townships have a school fund. 
This is in the care of the trustees. The interest on 
this fund, together with the funds coming from the 
State, is divided among the several districts that have 
complied with the law in maintaining their schools. 
This distribution is made by the trustees on the basis 
of the number of persons in each district under twenty- 
one years of age. The sum thus apportioned is placed 
to the credit of each district on the books of the treas¬ 
urer, and is paid out on the orders of the directors of 
such district. If there is a township high school the 
trustees have charge of it. They serve without pay. 

The treasurer whom the trustees appoint cares for 
the school money of the township. From what sources 
does this come } Part of it is permanent. What was 
the source of the permanent principal 

The treasurer must keep this permanent fund at 
interest. Twice a year, at the regular‘meetings of 
the trustees, he must report the financial condition of 
the township and settle with the trustees; once a year 
he must make a complete report of the fiscal condi¬ 
tion of each district and of the township. He must 
also make a report to the county superintendent each 
year. His term is two years ; salary fixed by trustees. 


So 


CIVIL GOVERNMENT OE ILLINOIS. 


V. 

THE COUNTY SUPERINTENDENT. 

The county superintendent is one of the most im¬ 
portant officers in connection with our school system. 
Besides his business relations with school officers in the 
county, it is his especial duty to assist each teacher in 
all ways possible. We can see that great opportunities 
are in the way of each superintendent, and many such 
in our State have been of the greatest good to the 
cause of education. 

His duties as an educator are these : As the head of 
the educational system of the county, he must hold 
examinations at least once in three months of per¬ 
sons desiring to teach. For this examination a fee of 
$i is charged. If the candidate is successful in pass¬ 
ing the examination, he is granted a certificate for a 
certain length of time. The certificate permits direc¬ 
tors to engage the services of the one holding it. If 
the superintendent renews this certificate, he charges a 
dollar.^ This goes to support the county institute. 
This institute is held in each county at least five days 
in each year. They have been the means of greatly 
increasing the knowledge, skill, and efficiency of the 

1 The supreme court held in Kunster v. Board of Education, 134 
Ill. 165, that the power granted to boards of education organized under 
the school law of 1872 to examine and employ teachers, renders it unnec¬ 
essary for teachers employed by such boards to be examined by the 
county superintendent. A bill to change the law and to require the certifi¬ 
cate of the county superintendent in all schools of this class was intro¬ 
duced into the last Assembly, but did not become a law. 


OUR SCHOOL SYSTEM. 


8l 


teachers. The superintendent must visit each school in 
the county at least once in each year. If the county 
has less than one hundred schools, the county board 
may limit the number of days for which the superin¬ 
tendent shall be paid; if there are more than one hun¬ 
dred, he is paid for all his time. This is at the rate of 
$4 a day for time spent, and an allowance of a day 
for expenses in visiting schools. In these visits by coun¬ 
sel and advice he assists the teachers. He has certain 
business duties : the bonds of the treasurers of the town¬ 
ships must be approved by him; thereupon he pays to 
them all funds in his hands belonging to the townships; 
he pays to the different townships their part of the 
State fund. He makes this apportionment on the basis 
of the number of persons under twenty-one years of 
age in each township. He reports to the county board 
and to the State superintendent. In addition to these 
duties, he must keep an account of all sums of money 
received or paid out. He receives as compensation, in 
addition to that mentioned, two per cent on all money 
passing through his han^s. His bond is for $12,000. 


VI. 

THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

As the head of the school system of the State, the 
superintendent is charged with a general oversight of 
educational matters. He is to consult and correspond 
with the county superintendents as to the proper per¬ 
formance of their duties. The law says that he is to be 


82 


CIVIL GOVERNMENT OF ILLINOIS. 


their adviser and assistant. Also he is to consult with 
teachers of experience in regard to educational matters. 
In the performance of his duties he visits all parts of 
the State, and imparts enthusiasm and unity to the 
work of the teachers. 

He reports biennially to the governor the condition 
of the schools. This report is published and distrib¬ 
uted. His bond is for $25,000; his salary, $3500. 


VH. 

THE STATE EDUCATIONAL INSTITUTIONS. 

Forming a part of the system of public instruction 
are the State university and the two normal schools. 
The University of Illinois, located at Urbana, Cham¬ 
paign County, was established in 1867. It aims to 
furnish a complete literary, scientific, technical, or agri¬ 
cultural education. 

It has large equipments, and the facilities offered to 
the young men and women of the State are exception¬ 
ally good. Acting regent, T. J. Burrill. The faculty 
numbers thirty-eight. It is controlled by a board of 
twelve. Of these, nine are elected by a popular vote 
for a term of six years. In addition, the governor, the 
superintendent of public instruction, and the president 
of the State board of agriculture are members ex officio. 

The Northern Normal University is located at Nor¬ 
mal, McLean County. It was established in 1857. Ils 
object, in common with the Southern Normal, is to fit 
teachers for service in the public schools of the State. 


OUR SCHOOL SYSTEM. 


83 


In this work it has done efficient service. President, 
J. W. Cook. The faculty numbers eighteen. It is con¬ 
trolled by a board of fifteen. Of these, fourteen are 
nominated by the governor and confirmed by the Sen¬ 
ate ; the State superintendent is a member ex officio. 

The Southern Normal University is located at Car- 
bondale, Jackson .County. It was established in 1869. 
It has done a valuable work for this section of the 
State. President, John Hull. The faculty numbers 
sixteen. It is controlled by a board of six. Of these, 
five are nominated by the governor and confirmed by 
the Senate; the State superintendent is a member ex 
officio. 

To provide for additional normal instruction, each 
county, or two or more together, may establish a county 
normal school for the purpose of fitting teachers for 
the common schools. If the county is under “ township 
organization,” the board of supervisors establish the 
school; if not, the county court. The management is 
in the hands of a county board of education of not less 
than five nor more than eight. The county superin¬ 
tendent is a member of this board ex officio, or the 
county judge if the county has not adopted “township 
organization.” The other members are chosen for three 
years, either by the board of supervisors or the county 
court, according to the government of the county. 

The framers of this law no doubt hoped that many 
such schools would be established. At the present 
time, however, only one is in operation. It is situated 
at Englewood, in Cook County. Francis W. Parker is 
principal. 


84 


CIVIL GOVERNMENT OF ILLINOIS. 


CHAPTER VII. 

THE STATE CHARITABLE, PENAL AND REFORMA¬ 
TORY INSTITUTIONS. 

I. 

CHARITABLE INSTITUTIONS. 

Illinois has great reason to be proud of her public 
charities. They are a glowing tribute to the philan¬ 
thropy of her people. Nearly 6000 inmates find a 
home in these institutions. The State appropriates for 
their maintenance over $1,000,000 a year. They are 
ten in number, and are under the supervision of the 
commissioners of public charities. They are the fol¬ 
lowing : — , 

1 . Institution for the Blind. 

11 . Institution for the Deaf and Dumb. 

III. Charitable Eye and Ear Infirmary. 

IV. Institution for Feeble-minded Children. 

V. Central Hospital for the Insane. 

VI. Eastern Hospital for the Insane. 

VII. Northern Hospital for the Insane. 

VI 11 . Southern Hospital for the Insane. 

IX. Soldiers'' Orphans’ Home. 

X. Soldiers’ and Sailors’ Home. 

I. Is located at Jacksonville, Morgan County. 

II. At the same place. 

III. Is located at Chicago. 


REFORMATORY INSTITUTIONS. 


85 


IV. Is located at Lincoln, Logan County. 

V. At Jacksonville, Morgan County. 

VI. Is located at Kankakee, Kankakee County. 

VII. Is located at Elgin, Kane County. 

VIII. Is located at Anna, Union County. 

IX. Is located at Normal, McLean County. 

X. Is located at Quincy, Adams County. 

These ten institutions are controlled by boards of 
three persons nominated by the governor and confirmed 
by the Senate. The term is uniform at six years. No 
compensation is allowed, but they receive their neces¬ 
sary expenses. 


II. 

PENAL AND REFORMATORY INSTITUTIONS. 

Of these, the State has three, — two penitentiaries and 
one reformatory. The largest penitentiary is at Joliet, 
Will County. It is managed by three commissioners. 
Once each month they meet at the penitentiary to in¬ 
quire into all matters relating to its management. They 
elect a warden. Each commissioner receives ;^i500 a 
year. Term six years. The other penitentiary is located 
at Chester, Randolph County. The management is 
similar to that at Joliet. 

It will be interesting to consult the fourth amend¬ 
ment to the constitution with reference to the peniten¬ 
tiaries and the State reformatory. 

What was formerly known as the Reform School, by 
act of the Assembly approved June 18, 1891, becomes 


86 


CIVIL GOVERNMEN'T OF ILLINOIS. 


the Illinois State Reformatory. The inmates include 
two classes: first, those between the ages of ten and 
sixteen; second, those between sixteen and twenty-one. 
The managers are to adopt such rules as shall be most 
efficient in preventing the prisoners, when discharged, 
from returning to criminal courses, best secure their 
self-support and accomplish their reformation. The 
managers are five in number, and hold office for ten 
years. The commissioners of the penitentiaries and the 
managers of the reformatory are nominated by the gov¬ 
ernor, and confirmed by the Senate. They receive no 
salary, but are paid traveling expenses. 


THE ELECTION LAW. 


3/ 


CHAPTER VIIL 
THE ELECTION LAW. 

As we have traced the political life of our State and 
the methods the people have put in practice to secure 
good government, we must have thought that if the 
privilege of voting was abused, the ends aimed at in 
our system of government would be largely lost. While 
the privilege of voting is justly held to be the greatest 
privilege of a citizen, it is true that to exercise that 
privilege unworthily is one of the greatest wrongs that 
a voter can inflict on the State. The evils of corrup¬ 
tion in voting have become so great that a large num¬ 
ber of our States have enacted what is generally known 
as the “Australian Ballot Law.” June 22, 1891, such 
a law went into force in Illinois. All elections must be 
held under this law except for trustees of schools, school 
directors, members of boards of education, and officers 
of road districts. 

The first provision of the law that we will notice is 
this : the ballots are printed at public expense. Can you 
suggest the reason for this } If the election is for a 
State officer, the expense is borne by the State; if for 
a county officer, by the county; and if for a city, town, 
or village officer, by such city, town, or village. 

Persons are nominated according to a prescribed 
method, and the nominations must be made in the case of 
State officers thirty days previous to election; in county 


88 


CIVIL GOVERNMENT OE ILLINOIS. 


officers the same; in other cases, fifteen days. When 
State officers are to be elected, the nominations are 
certified by the secretary of State to the county clerks ; 
in case of county officers and city and town officers, 
the nominations are sent directly to the several clerks 
by those making the nominations. 

These nominations are printed on one ballot and in 
the following form : — 


o 

DEMOCRATIC. 

Q REPUBLICAN. 

O 

PROHIBITION. 


For Governor. 

For Governor. 


For Governor. 

□ 

JOHN M. PALMER. 

□ JOSEPH W. FIFER. 

□ 

DAVID H. HARTS. 

For 

Lieutenant-Governor. 

For Lieutenant-Governor. 

For 

Lieutenant-Governor. 

□ 

ANDREW J. BELL. 

□ LYMAN B. RAY. 

□ 

JOS. L. WHITLOCK. 

For Secretary of State. 

For Secretary of State. 

For Secretary of State. 

□ 

NEWELL D. RICKS. 

□ 1. N. PEARSON. 

□ 

JAMES R. HANNA. 


At each voting place booths are prepared at public 
expense. These are furnished with shelves at a con¬ 
venient height for writing, and on the shelves are ink, 
pens, and pencils. When any one desires to vote, he 
gives his name to the judges of election, and it is an¬ 
nounced “in a loud and distinct tone of voice.” If the 
name is on the registration list, one of the judges gives 
the voter a ballot, one only, and on the back the judge 
indorses his own initials. Then the voter passes within 
the booth. The door or curtain in front of the booth 
screens him from observation. Here he makes a mark 
thus ( X ) on the ballot, in the inclosed space at the left 
of the party name, if he desires to vote the whole party 



THE ELECTION LAW. 


89 


ticket; and if he so desires to vote, no further mark is 
necessary. If he places a cross opposite a party name, 
he may still vote for others of some other party group 
by placing a cross opposite such names, and in that 
case his vote will be counted for the candidates of the 
party designated, excepting those separate candidates 
before whose name he has placed a cross. If a voter 
does not desire to vote for any candidates on the ballot, 
he may write in on a blank space the person for whom 
he votes, and place a cross before each name written in. 
If one ballot is spoiled, the voter may obtain another. 

A voter who cannot read is assisted by the judges to 
prepare his ballot. After marking his ballot, the voter 
folds it so as to conceal the marks and hands it to the 
proper officer. The officer must not place any mark 
on the back of the ballot by means of which it can be 
ascertained how the person voted. What is the reason 
for this provision } The voter then passes out and 
another takes his place. An important provision of the 
law is that no one shall be allowed to solicit or elec¬ 
tioneer within one hundred feet of the polls. What 
evil is this meant to remedy ? It will be noticed that 
no one can carry a ballot away with him. 

Considering the law as a whole, what ends does it 
aim to secure ? 


For convenience, although the State is so soon to be 
redistricted, the congressional districts are here given. 
The present National House of Representatives con¬ 
sists of three hundred and twenty-five members, and 
the ratio adopted for each representative is 151.911. 



90 


CIVIL GOVERNMENT OF ILLINOIS. 


According to this ratio, Illinois has twenty Congress¬ 
men, elected from the districts following : — 

First—The first, second, third, and fourth wards in 
Chicago, and the towns Riverside, Hyde Park, Lake, 
Lyons, Calumet, Worth, Palos, Lemont, Thornton, 
Bremen, Orland, Bloom, in the county of Cook. 

Second — The fifth, sixth, and seventh wards of Chi¬ 
cago, and that part of the eigth ward which lies south 
of the center of Polk street and of MacAllister place. 

Third — The ninth, tenth, eleventh, twelfth, thir¬ 
teenth, and fourteenth wards of Chicago, and that part 
of the eighth ward which lies north of the center of 
Polk street and of MacAllister place. 

Fourth — The fifteenth, sixteenth, seventeenth, and 
eighteenth wards of Chicago, and the towns of Lake 
View, Jefferson, Leyden, Norwood Park, Evanston, 
Niles, Maine, Elk Grove, Schaumberg, Hanover, New 
Trier, Northfield, Wheeling, Palatine, Barrington, Cicero, 
and Proviso, in the county of Cook. 

Fifth — Lake, McHenry, Boone, De Kalb, and Kane 
counties. 

Sixth — Winnebago, Stephenson, Jo Daviess, Ogle, 
and Carroll counties. 

Seventh—Lee, Whiteside, Henry, Bureau, and Put¬ 
nam. 

Eighth — La Salle, Kendall, Grundy, Will, and Du 
Page. 

Ninth — Kankakee, Iroquois, Ford, Livingston, Wood¬ 
ford, and Marshall. 

Tenth — Peoria, Knox, Stark, and Fulton. 

Eleventh — Rock Island, Mercer, Henderson, War¬ 
ren, Hancock, McDonough, and Schuyler. 


THE ELECTION LAW, 91 

Twelfth — Cass, Brown, Adams, Pike, Scott, Greene, 
Jersey, and Calhoun. 

Thirteenth — Tazewell, Mason, Menard, Sangamon, 
Morgan, and Christian. 

Fourteenth—McLean, De Witt, Piatt, Macon, and 
Logan. 

Fifteenth — Coles, Edgar, Douglas, Vermilion, and 
Champaign. 

Sixteenth — Cumberland, Clark, Jasper, Crawford, 
Clay, Richland, Lawrence, Wayne, Edwards, and Wa¬ 
bash. 

Seventeenth — Macoupin, Montgomery, Shelby, 
Moultrie, Effingham, and Fayette. 

Eighteenth — Bond, Madison, St. Clair, Monroe, and 
Washington. 

Nineteenth—Marion, Clinton, Jefferson, Franklin, 
Hamilton, White, Saline, Gallatin, and Hardin. 

Twentieth — Perry, Randolph, Jackson, Williamson, 
Union, Johnson, Pope, Alexander, Pulaski, and Massac. 







CONSTITUTION 

OF THE 

STATE OF ILLINOIS. 


Adopted in Convention at Springfield, May 13TH, A.D. 1870. 

[Ratified by the People, July 2, 1870; in force, August 8, 1870; 
amended in 1878, 1880, 1884, 1886, and 1890.] 


PREAMBLE. 

We, the people of the State of Illinois — grateful to Almighty 
God for the civil, political, and religious liberty which He hath so 
long permitted us to enjoy, and looking to Him for a blessing upon 
our endeavors to secure and transmit the same unimpaired to suc¬ 
ceeding generations — in order to form a more perfect government, 
establish justice, insure domestic tranquillity, provide for the com¬ 
mon defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish 
this Constitution for the State of Illinois. 

ARTICLE I. 

BOUNDARIES. 

The boundaries and jurisdiction of the State shall be as follows, 
to-wit: Beginning at the mouth of the Wabash river; thence up 
the same, and with the line of Indiana to the northwest corner of 
said State; thence east, with the line of the same State, to the 


1 




CONSTITUTION OF ILLINOIS. 


middle of Lake Michigan; thence north along the middle of said 
lake to north latitude forty-two degrees and thirty minutes; thence 
west to the middle of the Mississippi river, and thence down along 
the middle of that river to its confluence with the Ohio river, and 
thence up the latter river along its northwestern shore to the place 
of beginning: Provided., that this State shall exercise such juris¬ 
diction upon the Ohio river as she is now entitled to, or such as 
may hereafter be agreed upon by this State and the State of Ken¬ 
tucky. 


ARTICLE 11. 


BILL OF RIGHTS. 


§ I. Inherent and Inalienable Rights. 

§ 2. Due Process of Law. 

§ 3. Liberty of Conscience Guaranteed. 

§ 4. Freedom of Speech—Libel. 

§ 5. Right of Trial by Jury. 

§ 6. Unreasonable Searches and Seizures. 

§ 7. Bail Allowed — Writ of Habeas Cor¬ 
pus. 

§ 8. Indictment Required — Grand Jury. 
§ 9. Rights of Persons Accused of 
Crime. 

§ 10. Self-Crimination — Acquittal. 


§ II. Penalties no Corruption of Blood or 
Forfeiture of Estate. 

§ 12. Imprisonment for Debt. 

§ 13. Compensation for Property Taken. 

§ 14. Ex Post Facto Laws — Contracts — 
Irrevocable Grants. 

§ 15. Military Subordinate to Civil Power. 
§ 16. Quartering of Soldiers. 

§ 17. Right of Assembly and Petition. 

§ 18. Elections to be Free and Equal. 

§ 19. Protection of the Law. 

§ 20. Fundamental Principles. 


§ I. All men are by nature free and independent, and have cer¬ 
tain inherent and inalienable rights — among these are life, liberty, 
and the pursuit of happiness. To secure these rights and the pro¬ 
tection of property, governments are instituted among men, deriving 
their just powers from the consent of the governed. 

§ 2 . No person shall be deprived of life, liberty, or property with¬ 
out due process of law. 

§ 3 . The free exercise and enjoyment of religious profession and 
worship, without discrimination, shall forever be guaranteed ; and no 
person shall be denied any civil or political right, privilege, or ca¬ 
pacity on account of his religious opinions ; but the liberty of con¬ 
science hereby secured shall not be construed to dispense with oaths 
or affirmations, excuse acts of licentiousness, or justify practices 
inconsistent with the peace or safety of the State. No person shall 
be required to attend or support any ministry or place of worship 


2 



CONSTITUTION OF ILLINOIS. 


against his consent, nor shall any preference be given by law to any 
religious denomination or mode of worship. 

§ 4. Every person may freely speak, write, and publish on all 
subjects, being responsible for the abuse of that liberty; and in all 
trials for libel, both civil and criminal, the truth, when published 
with good motives and for justifiable ends, shall be a sufficient 
defense. 

§ 5. The right of trial by jury, as heretofore enjoyed, shall re¬ 
main inviolate; but the trial of civil cases before justices of the 
peace, by a jury of less than twelve men, may be authorized by 
law. 

§ 6. The right of the people to be secure in their persons, houses, 
papers, and effects against unreasonable searches and seizures, shall 
not be violated; and no warrant shall issue without probable cause, 
supported by affidavit, particularly describing the place to be 
searched, and the persons or things to be seized. 

§ 7. All persons shall be bailable by sufficient sureties, except 
for capital offenses, where the proof is evident or the presumption 
great; and the privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the public 
safety may require it. 

§ 8. No person shall be held to answer for a criminal offense, 
unless on indictment of a grand jury, except in cases in which the 
punishment is by fine, or imprisonment otherwise than in the peni¬ 
tentiary, in cases of impeachment, and in cases arising in the army 
and navy, or in the militia when in actual service in time of war or 
public danger: Provided^ that the grand jury may be abolished by 
law in all cases. 

§ 9. In all criminal prosecutions the accused shall have the right 
to appear and defend in person and by counsel; to demand the 
nature and cause of the accusation, and to have a copy thereof; to 
meet the witnesses face to face, and to have process to compel the 
attendance of witnesses in his behalf, and a speedy public trial by 
an impartial jury of the county or district in which the offense is 
alleged to have been committed. 

§ 10. No person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same 
offense. 


3 


CONSTITUTION OF ILLINOIS. 


§11. All penalties shall be proportioned to the nature of the 
offense; and no conviction shall work corruption of blood or for¬ 
feiture of estate; nor shall any person be transported out of the 
State for any offense committed within the same. 

§ 12. No person shall be imprisoned for debt, unless upon refusal 
to deliver up his estate for the benefit of his creditors, in such man¬ 
ner as shall be prescribed by law; or in cases where there is strong 
presumption of fraud. 

§ 13. Private property shall not be taken or damaged for public 
use without just compensation. Such compensation, when not 
made by the State, shall be ascertained by a jury, as shall be pre¬ 
scribed by law. The fee of land taken for railroad tracks, without 
consent of the owners thereof, shall remain in such owners, subject 
to the use for which it is taken. 

§ 14. No ex post facto law, or law impairing the obligation of 
contracts, or making any irrevocable grant of special privileges or 
immunities, shall be passed. 

§ 15. The military shall be in strict subordination to the civil 
power. 

§ 16. No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war except 
in the manner prescribed by law. 

§ 17. The people have the right to assemble in a peaceable man¬ 
ner to consult for the common good, to make known their opinions 
to their representatives, and to apply for redress of grievances. 

§ 18. All elections shall be free and equal. 

§ 19. Every person ought to find a certain remedy in the laws 
for all injuries and wrongs which he may receive in his person, 
property, or reputation; he ought to obtain, by law, right and jus¬ 
tice freely, and without being obliged to purchase it, completely and 
without denial, promptly and without delay. 

§ 20. A frequent recurrence to the fundamental principles of civil 
government is absolutely necessary to preserve the blessings of 
liberty. 


4 


CONSTITUTfOIV OF ILLINOIS. 


ARTICLE III. 

DISTRIBUTION OF POWERS. 

The powers of the government of this State are divided into three 
distinct departments — the Legislative, Executive, and Judicial; 
and no person, or collection of persons, being one of these depart¬ 
ments, shall exercise any power properly belonging to either of the 
others, except as hereinafter expressly directed or permitted. 


ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 


§ I. General Assembly. 

§ 2. Elections — Vacancies. 

§ 3. Who are Eligible. 

§ 4. Disqualification by Crime. 

§ 5. Oath of Officers. 

§ 6. Senatorial Apportionment. 

§§ 7 and 8. Representatives — (Inopera¬ 
tive). 

§ 7 and 8. Minority Representation. 

§ 9. Time of Meeting — General Rules. 

§ 10. Open Sessions — Adjournments — 
Journals— Protests. 

§ II. Style of Laws. 

§ 12. Origin and Passage of Bills. 

§ 13. Reading—Printing—Title—Amend¬ 
ments. 

§ 14. Privileges of Members. 

§ 15. Disabilities of Members. 

§ 16. Appropriations. 


§ 17. Payment of Money — Statement of 
Expenses. 

§ 18. Ordinary Expenses — Casual Defi¬ 
cits— Appropriations Limited. 

§ 19. Extra Compensation or Allowance. 

§ 20. Public Credit not Loaned. 

§ 21. Pay and Mileage of Members. 

§ 22. Special Legislation Prohibited. 

§ 23. Against Release from Liability. 

§ 24. Proceedings on Impeachment. 

§ 25. Fuel, Stationery, and Printing. 

§ 26. State not to be Sued. 

§ 27. Lotteries and Gift Enterprises. 

§ 28. Terms of Office not Extended. 

§ 29. Protection of Minors. 

§ 30. Concerning Roads—Public and Pri¬ 
vate. 

§ 31. Draining and Ditching. 

§ 32. Homestead and Exemption Laws. 

§ 33. Completion of the State House. 


§ I. The legislative power shall be vested in a general assembly, 
which shall consist of a senate and house of representative.s, both 
to be elected by the people. 


ELECTION. 

§ 2. An election for members of the general assembly shall be 
held on the Tuesday next after the first Monday in November, in 


5 



CONSTITUTION OF ILLINOIS. 


the year of our Lord one thousand eight hundred and seventy, and 
every two years thereafter, in each county, at such places therein 
as may be provided by law. When vacancies occur in either house, 
the governor, or person exercising the powers of governor, shall 
issue writs of election to fill such vacancies. 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a senator who shall not have attained 
the age of twenty-five years, or a representative who shall not have 
attained the age of twenty-one years. No person shall be a senator 
or a representative who shall not be a citizen of the United States 
and who shall not have been for five years a resident of this State, 
and for two years next preceding his election a resident within the 
territory forming the district from which he is elected. No judge 
or clerk of any court, secretary of state, attorney general, state’s 
attorney, recorder, sheriff, or collector of public revenue, members 
of either house of congress, or person holding any lucrative office 
under the United States or this State, or any foreign government, 
shall have a seat in the general assembly: Provided, that appoint¬ 
ments in the militia, and the offices of notary public and justice of 
the peace, shall not be considered lucrative. Nor shall any person 
holding any office of honor or profit under any foreign government, 
or-under the government of the United States (except postmasters 
whose annual compensation does not exceed the sum of three hun¬ 
dred dollars), hold any office of honor or profit under the authority 
of this State. 

§ 4. No person who has been, or hereafter shall be convicted of 
bribery, perjury, or other infamous crime, nor any person who has 
been or may be a collector or holder of public moneys, who shall 
not have accounted for and paid over, according to law, all such 
moneys due from him, shall be eligible to the general assembly, or 
to any office of profit or trust in this State. 

§ 5. Members of the general assembly, before they enter upon 
their official duties, shall take and subscribe tlie following oath or 
affirmation : 

“ I do solemnly swear (or affirm) that I will support the constitution of the 
United States and the constitution of the State of Illinois, and will faithfully dis¬ 
charge the duties of senator (or representative) according to the best of my 

6 


CONSTITUTIOIV OF ILLINOIS. 


ability; and that I have not knowingly or intentionally paid or contributed any¬ 
thing, or made any promise in the nature of a bribe, to directly or indirectly in¬ 
fluence any vote at the election at which I was chosen to fill the said office, and 
have not accepted, nor will I accept or receive, directly or indirectly, any money 
or other valuable thing from any corporation, company, or person for any vote 
or influence I may give or withhold on any bill, resolution, or appropriation, or 
for any other official act.” 

This oath shall be administered by a judge of the supreme or 
circuit court in the hall of the house to which the member is elected, 
and the secretary of state shall record and file the oath subscribed 
by each member. Any member who shall refuse to take the oath 
herein prescribed shall forfeit his office, and every member who 
shall be convicted of having sworn falsely to, or of violating, his 
said oath, shall forfeit his office and be disqualified thereafter from 
holding any office of profit or trust in this State. 

APPORTIONMENT — SENATORIAL. 

§ 6. The general assembly shall apportion the State every ten 
years, beginning with the year one thousand eight hundred and 
seventy-one, by dividing the population of the State, as ascertained 
by the federal census, by the number fifty-one, and the quotient 
shall be the ratio of representation in the senate. The State shall 
be divided into fifty-one senatorial districts, each of which shall 
elect one senator, whose term of office shall be four years. The 
senators elected in the year of our Lord one thousand eight hun¬ 
dred and seventy-two, in districts bearing odd numbers, shall vacate 
their offices at the end of two years, and those elected in districts 
bearing even numbers at the end of four years; and vacancies oc¬ 
curring by the expiration of term shall be filled by the election of 
senators for the full term. Senatorial districts shall be formed of 
contiguous and compact territory, bounded by county lines, and 
contain as near as practicable an equal number of inhabitants; but 
no district shall contain less than four-fifths of the senatorial ratio. 
Counties containing not less than the ratio and three-fourths may 
be divided into separate districts, and shall be entitled to two sen¬ 
ators, and to one additional senator for each number of inhabitants 
equal to the ratio contained by such counties in excess of twice the 
number of said ratio. 


7 


Inoperative by reason of minority representation. 


CONSTITUTION OF ILLINOIS. 


REPRESENTATIVES. 

§ 7. The population of the State, as ascertained by the federal 
census, shall be divided by the number one hundred and fifty- 
three, and the quotient shall be the ratio of representation in the 
house of representatives. Every county or district shall be en¬ 
titled to one representative, when its population is three-fifths of 
the ratio; if any county has less than three-fifths of the ratio, it 
shall be attached to the adjoining county having the least popu¬ 
lation, to which no other county has, for the same reason, .been 
attached, and the two shall constitute a separate district. Every 
county or district having a population not less than the ratio and 
three-fifths, shall be entitled to two representatives, and for each 
additional number of inhabitants, equal to the ratio, one repre¬ 
sentative. Counties having over two hundred thousand inhabi¬ 
tants, may be divided into districts, each entitled to not less than 
three nor more than five representatives. After the year one 
thousand eight hundred and eighty, the whole population shall be 
divided by the number one hundred and fifty-nine, and the 
quotient shall be the ratio of representation in the house of 
representatives for the ensuing ten years, and six additional 
representatives shall be added for every five hundred thousand 
increase of population at each decennial census thereafter, and 
be apportioned in the same manner as above provided. 

§ 8. When a county or district shall have a fraction of popu¬ 
lation above what shall entitle it to one representative, or more, 
according to the provisions of the foregoing section, amounting 
to one-fifth of the ratio, it shall be entitled to one additional 
representative in the fifth term of each decennial period; when 
such fraction is two-fifths of the ratio, it shall be entitled to an 
additional representative in the fourth and fifth terms of said 
period; when the fraction is three-fifths of the ratio, it shall be 
entitled to an additional representative in the first, second, and 
third terms, respectively; when a fraction is four-fifths of the 
ratio, it shall be entitled to an additional representative in the 
first, second, third, and fourth terms, respectively. 

Note. — By the adoption of minority representation, 7 and 8 of this article, 
above set forth, cease to be a part of the constitution. Under § 12 of the 
schedule, and the vote of adoption, the following section relating to minority 
representation is substituted for said sections: 


CONSTITUTION- OF ILLINOIS, 


MINORITY REPRESENTATION. 

§§ 7 and 8. The house of representatives shall consist of three 
times the number of the members of the senate, and the term of 
office shall be two years. Three representatives shall be elected in 
each senatorial district at the general election in the year of our 
Lord one thousand eight hundred and seventy-two, and every two 
years thereafter. In all elections of representatives aforesaid, each 
qualified voter may cast as many votes for one candidate as there 
are representatives to be elected, or may distribute the same, or 
equal parts thereof, among the candidates, as he shall see fit; and 
the candidates highest in votes shall be declared elected. 

TIME OF MEETING AND GENERAL RULES. 

§ 9. The sessions of the general assembly shall commence at 
twelve o’clock noon, on the Wednesday next after the first Monday 
in January, in the year next ensuing the election of members 
thereof, and at no other time, unless as provided by this constitu¬ 
tion. A majority of the members elected to each house shall 
constitute a quorum. Each house shall determine the rules of its 
proceedings, and be the judge of the election, returns, and qualifica¬ 
tions of its members ; shall choose its own officers ; and the senate 
shall choose a temporary president to preside when the lieutenant 
governor shall not attend as president, or shall act as governor. 
The secretary of state shall call the house of representatives to 
order at the opening of each new assembly, and preside over it 
until a temporary presiding officer thereof shall have been chosen 
and shall have taken his seat. No member shall be expelled by 
either house, except by a vote of two-thirds of all the members 
elected to that house, and no member shall be twice expelled for 
the same offense. Each house may punish by imprisonment any 
person not a member who shall be guilty of disrespect to the house 
by disorderly or contemptuous behavior in its presence. But no 
such imprisonment shall extend beyond twenty-four hours at one 
time, unless the person shall persist in such disorderly or con¬ 
temptuous behavior. 

§ 10. The door of each house and of committees of the whole 
shall be kept open, except in such cases as, in the opinion of the 

9 


CONSTITUTION OF ILLINOIS. 


house, require secrecy. Neither house shall, without the consent of 
the other, adjourn for more than two days, or to any other place 
than that in which the two houses shall be sitting. Each house 
shall keep a journal of its proceedings, which shall be published. 
In the senate, at the request of two members, and in the house, at 
the request of five members, the yeas and nays shall be taken on 
any question, and entered upon the journal. Any two members 
of either house shall have liberty to dissent from and protest, in 
respectful language, against any act or resolution which they think 
injurious to the public or to any individual, and have the reasons of 
their dissent entered upon the journals. 

STYLE OF LAW'S AND PASSAGE OF BILLS. 

§ II. The style of the law's of this State shall be : “ Be it enacted 
by the People of the State of Illinois., represented in the General As¬ 
sembly.'''* 

§ 12. Bills may originate in either house, but may be altered, 
amended, or rejected by the other; and on the final passage of all 
bills, the vote shall be by yeas and nays, upon each bill separately, 
and shall be entered upon the journal; and no bill shall become a 
law wdthout the concurrence of a majority of the members elected 
to each house. 

§ 13. Every bill shall be read at large on three different days, 

in each house; and the bill and all amendments thereto shall be 

printed before the vote is taken on its final passage; and every 

bill, having passed both houses, shall be signed by the speakers 

thereof. No act hereafter passed shall embrace more than one 
subject, and that shall be expressed in the title. But if any subject 
shall be embraced in an act which shall not be expressed in the 
title, such act shall be void only as to so much thereof as shall 
not be so expressed; and no law shall be revived or amended by 
reference to its title only, but the law' revived, or the section 
amended, shall be inserted at length in the new' act. And no act 
of the general assembly shall take effect until the first day of July 
next after its passage, unless, in case of emergency (w'hich emer¬ 
gency shall be expressed in the preamble or body of the act), the 
general assembly shall, by a vote of two-thirds of all the members 
elected to each house, otherwise direct. 


10 


CONSTITUTION OF ILLINOIS. 


PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases, except trea¬ 
son, felony, or breach of the peace, be privileged from arrest during the 
session of the general assembly, and in going to and returning from 
the same ; and for any speech or debate in either house, they shall 
not be questioned in any other place. 

§ 15. No person elected to the general assembly shall receive any 
civil appointment within this State from the governor, the governor 
and senate, or from the general assembly, during the term for 
which he shall have been elected ; and all such appointments, and 
all votes, given for any such members for any such office or appoint¬ 
ment, shall be void; nor shall any member of the general assembly 
be interested, either directly oy indirectly, in any contract with the 
State, or any county thereof, authorized by any law passed during 
the term for which he shall have been elected, or within one year 
after the expiration thereof. 

PUBLIC MONEY AND APPROPRIATIONS. 

§ 16. The general assembly shall make no appropriation of 
money out of the treasury in any private law. Bills making ap¬ 
propriations for the pay of members and officers of the general 
assembly and for the salaries of the officers of the government 
shall contain no provision on any other subject. 

§ 17. No money shall be drawn from the treasury except in pur¬ 
suance of an appropriation made by law, and on the presentation 
of a warrant issued by the auditor thereon; and no money shall 
be diverted from any appropriation made for any purpose, or taken 
from any fund whatever, either by joint or separate resolution. 
The auditor shall, within sixty days after the adjournment of each 
session of the general assembly, prepare and publish a full state¬ 
ment of all money expended at such session, specifying the amount 
of each item, and to whom and for what paid. 

§ 18. Each general assembly shall provide for all the appropria¬ 
tions necessary, or the ordinary and contingent expenses of the 
government until the expiration of the first fiscal quarter after the 
adjournment of the next regular session, the aggregate amount of 
which shall not be increased without a vote of two-thirds of the 

11 


CONSTITUTION OF ILLINOIS. 


members elected to each house, nor exceed the amount of revenue 
authorized by law to be raised in such time ; and all appropriations, 
general or special, requiring money to be paid out of the State 
treasury, from funds belonging to the State, shall end with such, 
fiscal quarter: Provided, the State may, to meet casual deficits or 
failures in revenues, contract debts, never to exceed in the aggre¬ 
gate two hundred and fifty thousand dollars; and moneys thus bor¬ 
rowed shall be applied to the purpose for which they were obtained, 
or to pay the debt thus created, and to no other purpose ; and no 
other debt, except for the purpose of repelling invasion, suppressing 
insurrection, or defending the State in war (for payment of which 
the faith of the State shall be pledged), shall be contracted, unless 
the law authorizing the same shall, at a general election, have been 
submitted to the people and have received a majority of the votes 
cast for members of the general assembly at such election. The 
general assembly shall provide for the publication of said law for 
three months, at least, before the vote of the people shall be taken 
upon the same; and provision shall be made, at the time, for the 
payment of the interest annually, as it shall accrue, by a tax levied 
for the purpose, or from other sources of revenue; which law, pro¬ 
viding for the payment of such interest by such tax, shall be irre- 
pealable until such debt be paid: And provided., further, that the 
law levying the tax shall be submitted to the people with the law 
authorizing the debt to be contracted. 

§ 19. The general assembly shall never grant or authorize extra 
compensation, fee, or allowance to any public officer, agent, servant, 
or contractor, after service has been rendered or a contract made, 
nor authorize the payment of any claim, or part thereof, hereafter 
created against the State under any agreement or contract made 
without express authority of law; and all such unauthorized agree¬ 
ments or contracts shall be null and void: Provided, the general 
assembly may make appropriations for expenditures incurred in 
suppressing insurrection or repelling invasion. 

§ 20. The State shall never pay, assume, or become responsible 
for the debts or liabilities of, or in any manner give, loan, or extend 
its credit to, or in aid of, any public or other corporation, associa¬ 
tion, or individual. 


12 


CONSTITUTION OF ILLINOIS. 


PAY OF MEMBERS. 

§ 21. The members of the general assembly shall receive for 
their services the sum of five dollars per clay, during the first session 
held under this constitution, and ten cents for each mile necessarily 
traveled in going to and returning from the seat of government, to 
be computed by the auditor of public accounts ; and thereafter such 
compensation as shall be prescribed by law, and no other allowance 
or emolument, directly or indirectly, for any purpose whatever, 
except the sum of fifty dollars per session to each member, which 
shall be in full for postage, stationery, newspapers, and all other 
incidental expenses and perquisites ; but no change shall be made 
in the compensation of the general assembly during the term for 
which they may have been elected. The pay and mileage allowed 
to each member of the general assembly shall be certified by the 
speakers of their respective houses, and entered on the journals, and 
published at the close of each session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 22. The general assembly shall not pass local or special laws 
in any of the following enumerated cases, that is to say, for — 

Granting divorces; 

Changing the names of persons or places ; . 

Laying out, opening, altering, and working roads or highways; 

Vacating roads, town plats, streets, alleys, and public grounds ; 

Locating or changing county seats ; 

Regulating county and township affairs ; 

Regulating the practice in courts of justice ; 

Regulating the jurisdiction and duties of justices of the peace, 
police magistrates, and constables ; 

Providing for changes of venue in civil and criminal cases; 

Incorporating cities, towns, or villages, or changing or amending 
the charter of any town, city, or village ; 

Providing for the election of members of the board of supervisors 
in townships, incorporated towns, or cities ; 

Summoning and impaneling grand or petit juries ; 

Providing for the management of common schools ; 

Regulating the rate of interest on money ; 

13 


CONSTITUTION OF ILLINOIS. 


The opening and conducting of any election, or designating the 
place of voting; 

The sale or mortgage of real estate belonging to minors or others 
under disability; 

The protection of game or fish ; 

Chartering or licensing ferries or toll bridges ; 

Remitting fines, penalties, or forfeitures ; 

Creating, increasing, or decreasing fees, percentage, or allowances 
of public officers, during the term for which said officers are elected 
or appointed; 

Changing the law of descent; 

Granting to any corporation, association, or individual, the right 
to lay down railroad tracks, or amending existing charters for such 
purposes. 

Granting to any corporation, association, or individual any special 
or exclusive privilege, immunity, or franchise whatever; 

In all other cases where a general law can be made applicable, 
no special law shall be enacted. 

§ 23. The general assembly shall have no power to release or 
extinguish, in whole or in part, the indebtedness, liability, or obli¬ 
gation of any corporation or individual to this State or to any 
municipal corporation therein. 

IMPEACHMENT. 

§ 24. The house of representatives shall have the sole power of 
impeachment; but a majority of all the members elected must con¬ 
cur therein. All impeachments shall be tried by the senate; and 
when sitting for that purpose, the senators shall be upon oath or 
affirmation to do justice according to law and evidence. When the 
governor of the State is tried, the chief justice shall preside. No 
person shall be convicted without the concurrence of two-thirds of 
the senators elected. But judgment, in such cases, shall not ex¬ 
tend further than removal from office, and disqualification to hold 
any office of honor, profit, or trust under the government of this 
State. The party, whether convicted or acquitted, shall, neverthe¬ 
less, be liable to prosecution, trial, judgment, and punishment ac¬ 
cording to law. 

i4 


CONSTITUTION OF ILLINOIS. 


MISCELLANEOUS. 

§ 25. The general assembly shall provide, by law, that the fuel, 
stationery, and printing paper furnished for the use of the State; 
the copying, printing, binding, and distributing the laws and jour¬ 
nals, and all other printing ordered by the general assembly, shall 
be let by contract to the lowest responsible bidder; but the general 
assembly shall fix a maximum price; and no member thereof, or 
other officer of the State, shall be interested, directly or indirectly, 
in such contract. But all such contracts shall be subject to the 
approval of the governor, and if he disapproves the same, there 
shall be a re-letting of the contract, in such manner as shall be 
prescribed by law. 

§ 26. The State of Illinois shall never be made defendant in any 
court of law or equity. 

§ 27. The general assembly shall have no power to authorize 
lotteries or gift enterprises, for any purpose, and shall pass laws 
to prohibit the sale of lottery or gift enterprise tickets in this State. 

§ 28. No law shall be passed which shall operate to extend the 
term of any public officer after his election or appointment. 

§ 29. It shall be the duty of the general assembly to pass such 
laws as may be necessary for the protection of operative miners, 
by providing for ventilation, when the same may be required, and 
the construction of escapement shafts, or such other appliances as 
may secure safety in all coal mines, and to provide for the enforce¬ 
ment of said laws by such penalties and punishment as may be 
deemed proper. 

§ 30. The general assembly may provide for establishing and 
opening roads and cartways, connected with a public road, for 
private and public use. 

§ 31. The general assembly may pass laws permitting the 
owners of land to construct drains, ditches, and levees for agri- « 
cultural, sanitary, or mining purposes, across the lands of others, g 
and provide for the organization of drainage districts, and vest the = 
corporate authorities thereof with power to construct and main- S. 
tain levees, drains, and ditches, and to keep in repair all drains, ^ 
ditches, and levees heretofore constructed under the laws of this “ 
State, by special assessments upon the property benefited thereby. 


15 


CONSTITUTION OF ILLINOIS. 


§ 32. The general assembly shall pass liberal homestead and 
exemption laws. 

§ 33. The general assembly shall not appropriate out of the 
State treasury, or expend on account of the new capitol grounds, 
and construction, completion, and furnishing of the State house, a 
sum exceeding in the aggregate three and a half millions of dollars, 
inclusive of all appropriations heretofore made, without first sub¬ 
mitting the proposition for an additional expenditure to the legal 
voters of the State at a general election; nor unless a majority of 
all the votes cast at such election shall be for the proposed addi¬ 
tional expenditure. 


ARTICLE V. 

EXECUTIVE DEPARTMENT 


§ I. Officers — Terms. 

§ 2. State Treasurer. 

§ 3. Time of Electing State Officers. 

§ 4. Returns — Tie — Contested Elec¬ 
tion. 

§ 5. Eligibility for Office. 

§ 6. Governor — Powers and Duty. 

§ 7‘. His Message and Statement. 

§ 8. Convening the General Assembly. 

§ 9. Proroguing the General Assem¬ 
bly. 

§ 10. Nominations by the Governor. 

§11. Vacancies may be Filled. 

§ 12. Removals by the Governor. 


§ 13. Reprieves — Commutations — Par¬ 
dons. 

§ 14. Governor as Commander-in-Chief. 

§ 15. Impeachment of Officers. 

§ 16. Veto Power. 

§ 17. Lieutenant Governor, 

§ 18. President of the Senate. 

§ 19. Vacancy in Governor’s Office. 

§ 20. Vacancy in other State Offices. 

§21. Reports of State Officers. 

§ 22. Great Seal of Illinois. 

§ 23. Fees and Salaries. 

§ 24, Definition of “Office.” 

§ 25. Oath of Civil Officers. 


§ I. The executive department shall consist of a governor, lieu¬ 
tenant governor, secretary of state, auditor of public accounts, treas¬ 
urer, superintendent of public instruction, and attorney general, who 
shall each, with the exception of the treasurer, hold his office for 
the term of four years from the second Monday of January next 
after his election and until his successor is elected and qualified. 
They shall, except the lieutenant governor, reside at the seat of 
government during their term of office, and keep the public records, 
books, and papers there, and shall perform such duties as may be 
prescribed by law. 

§ 2. The treasurer shall hold his office for the term of two years, 
and until his successor is elected and qualified; and shall be ineli- 

16 



CONSTITUTION OF ILLINOIS. 


gible to said office for two years next after the end of the term for 
which he was elected. He may be required by the governor to 
give reasonable additional security, and in default of so doing his 
office shall be deemed vacant. 

ELECTION. 

§ 3. An election for governor, lieutenant governor, secretary of 
state, auditor of public accounts, and attorney general shall be held 
on the Tuesday next after the first Monday of November, in the 
year of our Lord one thousand eight hundred and seventy-two, and 
every four years thereafter; for superintendent of public instruction, 
on the Tuesday next after the first Monday of November in the 
year one thousand eight hundred and seventy, and every four years 
thereafter; and for treasurer on the day last above mentioned, and 
every two years thereafter, at such places and in such manner as 
may be prescribed by law. 

§ '4. The returns of every election for the above named officers 
shall be sealed up and transmitted by the returning officers to the 
secretary of state directed to the ‘‘ Speaker of the House of Repre¬ 
sentatives,” who shall, immediately after the organization of the 
house, and before proceeding to other business, open and publish 
the same in the presence of a majority of each house of the general 
assembly, who shall, for that purpose, assemble in the hall of the 
house of representatives. The person having the highest number 
of votes for either of said offices shall be declared duly elected; 
but if two or more have an equal, and the highest number of votes, 
the general assembly shall, by joint ballot, choose one of such per¬ 
sons for said office. Contested elections for all of said offices, shall 
be determined by both houses of the general assembly, by joint bal¬ 
lot, in such manner as may be prescribed by law. 

ELIGIBILITY. 

§ 5. No person shall be eligible to the office of governor or 
lieutenant governor who shall not have attained the age of thirty 
years, and been, for five years next preceding his election, a citizen 
of the United States and of this State. Neither the governor, lieu¬ 
tenant governor, auditor of public accounts- secretary of state, 

17 


CONSTITUTION OF ILLINOIS, 


superintendent of public instruction, nor attorney general shall be 
eligible to any other office during the period for which he shall 
have been elected. 

GOVERNOR. 

§ 6. The supreme executive power shall be vested in the gov¬ 
ernor, who shall take care that the laws be faithfully executed. 

§ 7. The governor shall, at the commencement of each session, 
and at the close of his term of office, give to the general assembly 
information, by message, of the condition of the State, and shall 
recommend such measures as he shall deem expedient. He shall 
account to the general assembly, and accompany his message with 
a statement of all moneys i^ceived and paid out by him from any 
funds subject to his order, with vouchers, and at the commencement 
of each regular session, present estimates of the amount of money 
required to be raised by taxation for all purposes. 

§ 8. The governor may, on extraordinary occasions, convene the 
general assembly, by proclamation, stating therein the purpose for 
which they are convened, and the general assembly shall enter upon 
no business except that for which they were called together. 

§ 9. In case of a disagreement between the two houses with 
respect to the time of adjournment, the governor may, on the same 
being certified to him by the house first moving the adjournment, 
adjourn the general assembly to such time as he thinks proper, 
not beyond the first day of the next regular session. 

§ 10. The governor shall nominate, and by and with the ad¬ 
vice and consent of the senate (a majority of all the senators 
elected concurring by yeas and nays), appoint all officers whose 
offices are established by this constitution, or which may be created 
by law, and whose appointment or election is not otherwise pro¬ 
vided for; and no such officer shall be appointed or elected by the 
general assembly. 

§ II. In case of a vacancy, during the recess of the senate, in 
any office which is not elective, the governor shall make a tempo¬ 
rary appointment until the next meeting of the senate, when he 
shall nominate some person to fill such office; and any person so 
nominated who is confirmed by the senate (a majority of all the 
senators elected concurring by yeas and nays), shall hold his office 

18 


CONST/TC/r/OAr OF ILLINOIS. 


during the remainder of the term, and until his successor shall be 
appointed and qualified. No person, after being rejected by the 
senate, shall be again nominated for the same office at the same 
session, unless at the request of the senate, or be appointed to 
the same office during the recess of the general assembly. 

§ 12. The governor shall have power to remove any officer 
whom he may appoint, in case of incompetency, neglect of duty, or 
malfeasance in office; and he may declare his office vacant and 
fill the same as is herein provided in other cases of vacancy. 

§ 13. The governor shall have power to grant reprieves, com¬ 
mutations, and pardons, after conviction, for all offenses, subject to 
such regulations as may be provided by law relative to the manner 
of applying therefor. 

§ 14. The governor shall be commander-in-chief of the military 
and naval forces of the State (except when they shall be called 
into the service of the United States), and may call out the same 
to execute the laws, suppress insurrection, and repel invasion. 

§ 15. The governor and all civil officers of the State shall be 
liable to impeachment for any misdemeanor in office. 

VETO. 

§ 16. Every bill passed by the general assembly shall, before 
it becomes a law, be presented to the governor. If he approve, 
he shall sign it, and thereupon it shall become a law ; but if he do 
not approve, he shall return it, with his objections, to the house 
in which it shall have originated, which house shall enter the 
objections at large upon its journal and proceed to reconsider > 
the bill. If then two-thirds of the members elected agree to pass w 
the same, it shall be sent, together with the objections, to the g 
other house, by which it shall likewise be reconsidered; and if « 
approved by two-thirds of the members elected to that house, it -• 
shall become a law, notwithstanding the objections of the gov- s, 
ernor; but in all such cases the vote of each house shall be 
determined by yeas and nays, to be entered upon the journal. 
Bills making appropriations of money out of the treasury shall 
specify the objects and purposes for which the same are made, 
and appropriate to them respectively their several amounts in 
distinct items and sections. And if the governor shall not 


19 


CONSTITUTION OF ILLINOIS. 


approve any one or more of the items or sections contained in 
any bill, but shall approve the residue thereof, it shall become a 
law, as to the residue, in like manner as if he had signed it. 
The governor shall then return the bill, with his objections to 
the items or sections of the same not approved by him, to the 
house in which the bill shall have originated, which house shall 
enter the objections at large upon its journal, and proceed to 
reconsider so much of said bill as is not approved by the gov- 
S ernor. The same proceedings shall be had in both houses in 
c reconsidering the same as is hereinbefore provided in case of an 
"g entire bill returned by the governor with his objections ; and if 
c any item or section of said bill not approved by the governor 
E shall be passed by two-thirds of the members elected to each 
“ of the two houses of the general assembly, it shall become part 
of said law, notwithstanding the objections of the governor. 
Any bill which shall not be returned by the governor within ten 
days (Sundays excepted) after it shall have been presented to 
him, shall become a law in like manner as if he had signed it, 
unless the general assembly shall by their adjournment prevent 
its return, in which case it shall be filed with his objections in 
the office of the secretary of state, within ten days after such 
adjournment, or become a law. 

LIEUTENANT GOVERNOR. 

§ 17. In case of the death, conviction on impeachment, failure 
to qualify, resignation, absence from the State, or other disability 
of the governor, the powers, duties, and emoluments of the office 
for the residue of the term, or until the disability shall be removed, 
shall devolve upon the lieutenant governor. 

§ 18. The lieutenant governor shall be president of the senate, 
and shall vote only when the senate is equally divided. The sen¬ 
ate shall choose a president, tejiipore., to preside in case of the 
absence or impeachment of the lieutenant governor, or when he 
shall hold the office of governor. 

§ 19. If there be no lieutenant governor, or if the lieutenant 
governor shall, for any of the causes specified in section seventeen 
of this article, become incapable of performing the duties of the 
office, the president of the senate shall act as governor until the 


20 


CONSTITUTION OF ILLINOIS. 


vacancy is filled or the disability removed ; and if tlie president of 
the senate, for any of the above named causes, shall become in¬ 
capable of performing the duties of governor, the same shall de¬ 
volve upon the speaker of the house of representatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of auditor of public accounts, treasurer, sec¬ 
retary of state, attorney general, or superintendent of public in¬ 
struction shall be vacated by death, resignation, or otherwise, it 
shall be the duty of the governor to fill the same by appointment, 
and the appointee shall hold his office until his successor shall be 
elected and qualified in such manner as may be provided by law. 
An account shall be kept by the officers of the executive depart¬ 
ment, and of all the public institutions of the State, of all moneys 
received or disbursed by them, severally, from all sources, and for 
every service performed, and a semi-annual report thereof be made 
to the governor, under oath ; and any officer who makes a false 
report shall be guilty of perjury, and punished accordingly. 

§ 21. The officers of the executive department, and of all the 
public institutions of the State, shall, at least ten days preceding 
each regular session of the general assembly, severally report to 
the governor, who shall transmit such reports to the general as¬ 
sembly, together with the reports of the judges of the supreme 
court of defects in the constitution and laws; and the governor 
may at any time require information, in writing, under oath, from 
the officers of the executive department, and all officers and man¬ 
agers of State institutions, upon any subject relating to the con¬ 
dition, management, and expenses of their respective offices. 

THE SEAL OF STATE. 

§ 22. There shall be a seal of the State, which shall be called 
the Great Seal of the State of Illinois,” which shall be kept by the 
secretary of state, and used by him, officially, as directed by law. 

FEES AND SALARIES. 

•§23. The officers named in this article shall receive for their 
services a salary, to be established by law, which shall not be in- 


21 


CONSriTUTION OF ILLINOIS. 


creased or diminished during their official terms, and they shall 
not, after the expiration of the terms of those in office at the 
adoption of this constitution, receive to tlieir own use any fees, 
costs, perquisites of office, or other compensation. And all fees 
that may hereafter be payable by law for any services performed by 
any officer provided for in this article of the constitution, shall be 
paid in advance into the State treasury. 


DEFINITION AND OATH OF OFFICE. 


§ 24. An office is a public position created by the constitution 
or law, continuing during the pleasure of the appointing power, or 
for a fixed time, with a successor elected or appointed. An em¬ 
ployment is an agency, for a temporary purpose, which ceases when 
that purpose is accomplished. 

§ 25. All civil officers, except members of the general assembly 
and such inferior officers as may be by law exempted, shall, before 
they enter on the duties of their respective offices, take and sub¬ 
scribe the following oath or affirmation : 

" I do solemnly swear (or affirm, as the case may be) that I will support the 
constitution of the United States, and the constitution of the State of Illinois, 

and that I will faithfully discharge the duties of the office of-’^according to 

the best of my ability.” 

And no other oath, declaration, or test shall be required as a 
qualification. 


ARTICLE VI. 


JUDICIAL DEPARTMENT. 


§ I. Courts Established. 

§ 2. Supreme Court—Jurisdiction. 

§ 3. Qualifications of a Supreme Judge. 


§ 13. Judicial Circuits. 

§ 14. Time of holding Circuit Courts. 

§ 15. Judges—Increase. 

§ 16. Salaries of the Circuit Judges. 

§ 17. Qualifications of Judges and County 


§ 4. Terms of the Supreme Court. 
§ 5. Grand Divisions—Districts. 
§ 6. Election of Supreme Judges. 


Commissioners. 

§ 18. County Judges — County Clerks. 

§ 19. Appeals from County Courts. 

§ 20. Probate Courts Authorized. 

§ 21. Justices of the Peace and Constables. 
§ 22. State’s Attorney in Each County. 

§ 23. Cook County Courts of Record. 


§ 7. Salaries of the Supreme Judges. 


§ 8. Appeals and Writs of Error. 
§ 9. Reporter. 


§ 10. Clerks of the Supreme Court. 
§ II. Appellate Courts Authorized. 
§ 12. Circuit Courts — Jurisdiction. 


22 



CONSTITUTION- OF ILLINOIS. 


§ 24. Chief Justice—Power of Judges. 
§ 25. Salaries of the Judges. 

§ 26. Criminal Court of Cook County. 
§ 27. Clerks of Cook County Court. 

§ 28. Justices in Chicago. 


§ 29. Uniformity in the Courts. 

§ 30. Removal of any Judge. 

§ 31. Judges to Make Written Reports. 

§ 32. Terms of Office—Filling Vacancies. 
§ 33. Process—Prosecutions—Population, 


§ I. The judicial powers, except as in this article is otherwise 
provided, shall be vested in one supreme court, circuit courts, county 
courts, justices of the peace, police magistrates, and in such courts 
as may be created by law in and for cities and incorporated towns. 


SUPREME COURT. 

§ 2. The supreme court shall consist of seven judges, and shall 
have original jurisdiction in cases relating to the revenue, in inatida- 
mus and habeas co?'Pus, and appellate jurisdiction in all other cases. 
One of said judges shall be chief justice; four shall constitute a 
quorum, and the concurrence of four shall be necessary to every 
decision. 

§ 3. No person shall be eligible to the office of judge of the su¬ 
preme court unless he shall be at least thirty years of age, and a 
citizen of the United States, nor unless he shall have resided in this 
State five years next preceding his election, and be a resident of the 
district in which he shall be elected. 

§ 4. Terms of the supreme court shall continue to be held in the 
present grand divisions at the several places now provided for hold¬ 
ing the same; and until otherwise provided by law, one or more 
terms of said court shall be held, for the northern division, in the 
city of Chicago each year, at such times as said court may appoint, 
whenever said city or the county of Cook shall provide appropriate 
rooms therefor, and the use of a suitable library, without expense to 
the State. The judicial divisions may be altered, increased, or 
diminished in number, and the times and places of holding said 
court may be changed by law. 

§ 5. The present grand divisions shall be preserved, and be de¬ 
nominated Southern, Central, and Northern, until otherwise pro¬ 
vided by law. The State shall be divided into seven districts for 
the election of judges, and until otherwise provided by law they 
shall be as follows : 

First District. — The counties of St. Clair, Clinton, Washington, 

23 



CONSTITUTION OF ILLINOIS. 


Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, 
Hardin, Pope, Union, Johnson, Alexander, Pulaski, and Massac. 

Second Dist 7 'ict. —The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont¬ 
gomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Cal¬ 
houn, and Christian. 

Third District. — The counties of Sangamon, Macon, Logan, De 
Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie, and Tazewell. 

Fourth District. — The counties of Fulton, McDonough, Han¬ 
cock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, 
Cass, and Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, 
Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, La Salle, 
Grundy, and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De 
Kalb, Lee, Ogle, and Rock Island. 

Seventh District. — The counties of Lake, Cook, Will, Kankakee, 
and Du Page. 

The boundaries of the districts may be changed at the session of 
the general assembly next preceding the election for judges therein, 
and at no other time; but whenever such alterations shall be made 
the same shall be upon the rule of equality of population, as nearly 
as county boundaries will allow, and the districts shall be composed 
of contiguous counties, in as nearly compact form as circumstances 
will permit. The alteration of the districts shall not affect the 
tenure of office of any judge. 

§ 6. At the time of voting on the adoption of this constitution, 
one judge of the supreme court shall be elected by the electors 
thereof, in each of said districts numbered two, three, six, and seven, 
who shall hold his office for the term of nine years from the first 
Monday of June, in the year of our Lord one thousand eight hun¬ 
dred and seventy. The term of office of judges of the supreme 
court, elected after the adoption of this constitution, shall be nine 
years; and on the first Monday of June of the year in which the 
term of any of the judges in office at the adoption of this constitu- 


24 


CONSTITUTION OF ILLINOIS. 


tion, or of the judges then elected, shall expire, and every nine 
years thereafter, there shall be an election for the successor or suc¬ 
cessors of such judges in the respective districts wherein the term of 
such judges shall expire. The chief justice shall continue to act as 
such until the expiration of the term for which he was elected, after 
which the judges shall choose one of their number chief justice. 

§ 7. From and after the adoption of this constitution, the judges 
of the supreme court shall each receive a salary of four thousand 
dollars pej' annum, payable quarterly, until otherwise provided by 
law. And after said salaries shall be fixed by law, the salaries of 
the judges in office shall not be increased or diminished during the 
terms for which said judges shall have been elected. 

§ 8. Appeals and writs of error may be taken to the supreme 
court held in the grand division in which the case is decided, or, by 
consent of the parties, to any other grand division. 

§ 9. The supreme court shall appoint one reporter of its de¬ 
cisions, who shall hold his office for six years, subject to removal 
by the court. 

§ 10. At the time of the election of representatives in the general 
assembly, happening next preceding the expiration of the terms of 
office of the present clerks of said court, one clerk of said court 
for each division shall be elected, whose term of office shall be six 
years from said election, but who shall not enter upon the duties 
of his office until the expiration of the term of his predecessor, and 
every six years thereafter one clerk of said court for each division 
shall be elected. 


APPELLATE COURTS. 

§ II. After the year of our Lord one thousand eight hundred 
and seventy-four, inferior appellate courts, of uniform organization 
and jurisdiction, may be created in districts formed for that pur¬ 
pose, to which such appeals and writs of error as the general 
assembly may provide, may be prosecuted from circuit and other 
courts, and from which appeals and writs of error shall lie to the 
supreme court, in all criminal cases, and cases in which a franchise, 
or freehold, or the validity of a statute is involved, and in such 
other cases as may be provided by law. Such appellate courts 
shall be held by such number of judges of the circuit courts, and 


CONSTITUTION OF ILLINOIS. 


at such times and places, and in such manner as may be provided 
by law; but no judge shall sit in review upon cases decided by 
him; nor shall said judges receive any additional compensation for 
such services. 

CIRCUIT COURTS. 

§ 12. The circuit courts shall have original jurisdiction of all 
causes in law and equity, and such appellate jurisdiction as is or 
may be provided by law, and shall hold two or more terms each 
year in every county. The terms of office of judges of circuit 
courts shall be six years. 

§ 13. The State, exclusive of the county of Cook and other coun¬ 
ties having a population of one hundred thousand, shall be divided 
into judicial circuits, prior to the expiration of the terms of office 
of the present judges of the circuit courts. Such circuits shall be 
formed of contiguous counties, in as nearly compact form and as 
nearly equal as circumstances will permit, having due regard to 
business, territory, and population, and shall not exceed in number 
one circuit for every one hundred thousand of population of the 
State. One judge shall be elected for each of said circuits by the 
electors thereof. New circuits may be formed and the boundaries 
of circuits changed by the general assembly, at its session next 
preceding the election for circuit judges, but at no other time: 
Provided, that the circuits may be equalized or changed at the first 
session of the general assembly after the adoption of this consti¬ 
tution. The creation, alteration, or change of any circuit shall not 
affect the tenure of office of any judge. Whenever the business of 
the circuit court of any one, or of two or more contiguous counties, 
containing a population exceeding fifty thousand, shall occupy nine 
months of the year, the general assembly may make of such 
county, or counties, a separate circuit. Whenever additional circuits 
are created, the foregoing limitations shall be observed. 

§ 14. The general assembly shall provide for the times of hold¬ 
ing court in each county: which shall not be changed, except by 
the general assembly next preceding the general election for judges 
of said courts; but additional terms may be provided for in any 
county. The election for judges of the circuit courts shall be held 
on the first Monday in June, in the year of our Lord one thousand 
eight hundred and seventy-three, and every six years thereafter. 

26 


CONSTITUTION OF ILLINOIS. 


§ 15. The general assembly may divide the State into judicial 
circuits of greater population and territory, in lieu of the circuits 
provided for in section thirteen of this article, and provide for the 
election therein, severally, by the electors thereof, by general ticket, 
of not exceeding four judges, who shall hold the circuit courts in 
the circuit for which they shall be elected, in such manner as may 
be provided by law. 

§ 16. From and after the adoption of this constitution, judges 
of the circuit courts shall receive a salary of three thousand dollars 
per annum, payable quarterly, until otherwise provided by law, and 
after their salaries shall be fixed by law they shall not be increased 
or diminished during the terms for which said judges shall be, 
respectively, elected; and from and after the adoption of this con¬ 
stitution, no judge of the supreme or circuit court shall receive 
any other compensation, perquisite, or benefit, in any form whatso¬ 
ever, nor perform any other than judicial duties to which may 
belong any emoluments. 

§ 17. No person shall be eligible to the office of judge of the 
circuit or any inferior court, or to membership in the “board of 
county commissioners,” unless he shall be at least twenty-five years 
of age, and a citizen of the United States, nor unless he shall have 
resided in this State five years next preceding his election, and be a 
resident of the circuit, county, city, cities, or incorpor.ited town in 
which he shall be elected. 

COUNTY COURTS. 

§ 18. There shall be elected in and for each county one county 
judge and one clerk of the county court, whose terms of office shall be 
four years. But the general assembly may create districts of two or 
more contiguous comities, in each of which shall be elected one 
judge, who shall take the place of and exercise the powers and juris¬ 
diction of county judges in such districts. County courts shall be 
courts of record and shall have original jurisdiction in all matters 
of probate, settlement of estates of deceased persons, appointment 
of guardians and conservators and settlements of their accounts, in 
all matters relating to apprentices, and in proceedings for the col¬ 
lection of taxes and assessments, and such other jurisdiction as may 
be provided for by general law. 


27 


CONSTITUTION OF ILLINOIS. 


§ 19. Appeals and writs of error shall be allowed from final deter¬ 
minations of county courts, as may be provided by law. 

PROBATE COURTS. 

§ 20. The general assembly may provide for the establishment 
of a probate court in each county having a population of over fifty 
thousand, and for the election of a judge thereof, whose term of 
otfice shall be the same as that of the county judge, and who shall 
be elected at the same time and in the same manner. Said courts, 
when established, shall have original jurisdiction of all probate 
matters, the settlement of estates of deceased persons, the appoint¬ 
ment of guardians and conservators, and settlements of their ac¬ 
counts ; in all matters relating to apprentices, and in cases of sales 
of real estate of deceased persons for the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates, and constables 
shall be elected in and for such districts as are, or may be, pro¬ 
vided by law, and the jurisdiction of such justices of the peace and 
police magistrates shall be uniform. 

state’s attorneys. 

§ 22. At the election for members of the general assembly in 
the year of our Lord one thousand eight hundred and seventy-two, 
and every four years thereafter, there shall be elected a State’s at¬ 
torney in and for each county, in lieu of the State’s attorneys now 
provided by law, whose terms of office shall be four years. 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall be one judicial circuit. The 
circuit court of Cook county shall consist of five judges, until their 
number shall be increased as herein provided. The present judge 
of the recorder’s court of the city of Chicago, and the present judge 
of the circuit court of Cook county, shall be two of said judges, and 
shall remain in office for the terms for which they were respectively 
elected, and until their successors shall be elected and qualified. 
The superior court of Chicago shall be continued, and called the 

28 


CONSTITUTION OF ILLINOIS. 


‘‘ Superior Court of Cook County.” The general assembly may 
increase the number of said judges, by adding one to either of said 
courts for every additional fifty thousand inhabitants in said county 
over and above a population of four hundred thousand. The terms 
of office of the judges of said courts, hereafter elected, shall be six 
years. 

§ 24. The judge having the shortest unexpired term shall be 
chief justice of the court of which he is a judge. In case there are 
two or more whose terms expire at the same time, it may be de¬ 
termined by lot which shall be chief justice. Any judge of either 
of said courts shall have all the powers of a circuit judge, and may 
hold the court of which he is a member. Each of them may hold 
a different branch thereof at the same time. 

§ 25. The judges of the superior and circuit courts, and the 
State’s attorney, in said county, shall receive the same salaries, 
payable out of the State treasury, as is or may be paid from said 
treasury to the circuit judges and State’s attorneys of the State, 
and such further compensation, to be paid by the county of Cook, 
as is or may be provided by law. Such compensation shall not be 
changed during their continuance in office. 

§ 26. The recorder’s court of the city of Chicago shall be con¬ 
tinued, and shall be called the “ Criminal Court of Cook County.” 
It shall have the jurisdiction of a circuit court in all cases of crim¬ 
inal and g'uasi criminal nature, arising in the county of Cook, or 
that may be brought before said court pursuant to law; and all re¬ 
cognizances and appeals taken in said county, in criminal and g'uas/ 
criminal cases, shall be returnable and taken to said court. It shall 
have no jurisdiction in civil cases, except in those on behalf of the 
people, and incident to such criminal or criminal matters, and 

to dispose of unfinished business. The terms of said criminal court 
of Cook county shall be held by one or more of the judges of the 
circuit or superior court of Cook county, as nearly as may be in 
alternation, as may be determined by said judges, or provided by 
law. Said judges shall be ex-officio judges of said court. 

§ 27. The present clerk of the recorder's court of the city of 
Chicago shall be the clerk of the criminal court of Cook county dur¬ 
ing the term for which he was elected. The present clerks of the 
superior court of Chicago, and the present clerk of the circuit court 

29 


CONSTITUTION OF ILLINOIS. 


of Cook county, shall continue in office during the terms for which 
they were respectively elected ; and thereafter there shall be but one 
clerk of the superior court, to be elected by the qualified electors of 
said county, who shall hold his office for the term of four years, and 
until his successor is elected and qualified. 

§ 28. All justices of the peace in the city of Chicago shall be 
appointed by the governor, by and with the advice and consent of 
the senate (but only upon the recommendation of a majority of the 
judges of the circuit, superior and county courts), and for such 
districts as are now or shall hereafter be provided by law. They 
shall hold th’eir offices for four years, and until their successors 
have been commissioned and qualified, but they may be removed by 
summary proceeding in the circuit or superior court, for extortion 
or other malfeasance. Existing justices of the peace and police 
magistrates may hold their offices until the expiration of their 
respective terms. 


GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the governor. 
All laws relating to courts shall be general and of uniform operation ; 
and the organization, jurisdiction, powers, proceedings, and practice 
of all courts of the same class or grade, so far as regulated by law, 
and the force and effect of the process, judgments, and decrees of 
such courts, severally, shall be uniform. 

§ 30. The general assembly may, for cause entered on the jour¬ 
nals, upon due notice and opportunity of defense, remove from office 
any judge, upon concurrence of three-fourths of all the members 
elected, of each house. All other officers in this article mentioned 
shall be removed from office on prosecution and final conviction for 
misdemeanor in office. 

§ 31. All judges of courts of record, inferior to the supreme 
court, shall, on or before the first day of June of each year, report 
in writing to the judges of the supreme court such defects and 
omissions in the laws as their experience may suggest; and the 
judges of the supreme court shall, on or before the first day of 
January of each year, report in writing to the governor such defects 
and omissions in the constitution and laws as they may find to ex¬ 
ist, together with appropriate forms of bills to cure such defects and 


30 


CONSTITUTION OF ILLINOIS. 


omissions in the laws. And the judges of the several circuit courts 
shall report to the next general assembly the number of days they 
have held court in the several counties composing their respective 
circuits, the preceding two years. 

§ 32. All officers provided for in this article shall hold their offices 
until their successors shall be qualified, and they shall, respectively, 
reside in the division, circuit, county, or district for which they may 
be elected or appointed. The terms of office of all such officers, 
where not otherwise prescribed in this article, shall be four years. 
All officers, where not otherwise provided for in this article, shall 
perform such duties and receive such compensation as is or may be 
provided by law. Vacancies in such elective offices shall be filled 
by election ; but where the unexpired term does not exceed one year 
the vacancy shall be filled by appointment, as follows: Of judges, 
by the governor; of clerks of courts, by the court to which the office 
appertains, or by the judge or judges thereof; and of all such other 
offices, by the board of supervisors, or board of county commission¬ 
ers-, in the county where the vacancy occurs. 

§ 33. All process shall run: In the name of the People of the 
State of Illinois; and all prosecutions shall be carried on; In the 
7 iame and by the anthority of the People of the State of Illinois; 
and conclude : Agamst the peace and dignity of the same. ‘‘ Pop¬ 
ulation,” wherever used in this article, shall be determined by the 
next preceding census of this State, or of the United States. 


ARTICLE VII. 


SUFFRAGE. 


§ 5. Soldier in U. S. Army. 

§ 6. Quallfication.s for Office. 

§ 7. Persons Convicted of Crime. 


§ I. Qualification of Voters. 

§ 2. All Voting to be by Ballot. 
§ 3. Privileges of Electors. 


§ 4. Voting Residence. 

§ I. Every person having resided in this State one year, iji the 
county ninety days and in the election district thirty days next pre¬ 
ceding any election therein, who was an elector in this State on the 
first day of April, in the year of our Lord one thousand eight hun¬ 
dred and forty-eight, or obtained a certificate of naturalization, 
before any court of record in this State, prior to the first day of 


31 



CONSTITUTION OF ILLINOIS. 


January, in the year of our Lord one thousand eight hundred and 
seventy, or who shall be a male citizen of the United States, above 
the age of twenty-one years, shall be entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
elections and in going to and returning from the same. And no 
elector shall be required to do military duty on the days of election, 
except in time of war or public danger. 

§ 4. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on business of the United States or 
of this State, or in the military or naval service of the United States. 

§ 5. No soldier, seaman, or marine in the army or navy of the 
United States shall be deemed a resident of this State in consequence 
of being stationed therein. 

§ 6. No person shall be elected or appointed to any office in 
this State, civil or military, who is not a citizen of the United 
States, and who shall not have resided in this State one year next 
preceding the election or appointment. 

§ 7. The general assembly shall pass laws excluding from the 
right of suffrage persons convicted of infamous crimes. 


ARTICLE VIII. 

EDUCATION. 

§ I. Free Schools. § 4. Sale of Text Books — Teachers and 

§ 2. Gifts or Grants in aid of Schools. Officers. 

§ 3. Aid to Sectarian Schools Prohibited. | § 5. County Superintendent of Schools. 

§ I. The general assembly shall provide a thorough and efficient 
system of free schools whereby all children of this State may re¬ 
ceive a good common school education. 

§ 2. All lands, moneys, or other property, donated, granted, or 
received for school, college, seminary, or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for which 
such gifts or grants were made. 

§ 3. Neither the general assembly nor any county, city, town, 
township, school district, or other public corporation shall ever make 


32 



CONSTITUTION OF ILLINOIS. 


any appropriation or pay from any public fund whatever, anything 
in aid of any church or sectarian purpose, or to help support or sus¬ 
tain any school, academy, seminary, college, university, or other liter¬ 
ary or scientific institution, controlled by any church or sectarian 
denomination whatever; nor shall any grant or donation of land, 
money, or other personal property ever be made by the State or any 
such public corporation to any church or for any sectarian purpose. 

§ 4. No teacher. State, county, township, or district school officer 
shall be interested in the sale, proceeds, or profits of any book, ap¬ 
paratus, or furniture, used or to be used in any school in this State, 
wdth which such officer or teacher may be connected, under such 
penalties as may be provided by the general assembly. 

§ 5. There may be a county superintendent of schools in each 
county, whose qualifications, powers, duties, compensation, and time 
and manner of election and term of office shall be prescribed bylaw. 


ARTICLE IX. 


REVENUE. 


§ I. Taxation Shall be Uniform. 

§ 2. Other and Further Taxation. 

§ 3. Property Exempt from Taxation. 
§ 4. Sale of Real Property for Taxes. 

§ 5. Right of Redemption. 

§ 6. Release from Taxation Forbidden. 


§ 7. Taxes Paid into State Treasury. 

§ 8. Limitation on County Taxes. 

§ 9. Local Municipal Improvements. 

§ 10. Municipal Taxation. 

§ II. Defaulting Officers. 

§ 12. Limation of Municipal Indebtedness. 


§ I. The general assembly shall provide such revenue as may 
be needful by levying a tax, by valuation, so that every person and 
corporation shall pay a tax in proportion to the value of his, her, 
or its property — such value to be ascertained by some person or 
persons to be elected or appointed in such manner as the general 
assembly shall direct, and not otherwise; but the general assembly 
shall have power to tax peddlers, auctioneers, brokers, hawkers, 
merchants, commission merchants, showmen, jugglers, inn-keepers, 
grocery-keepers, liquor-dealers, toll-bridges, ferries, insurance, tele¬ 
graph and express interests or business, venders of patents, and per¬ 
sons or corporations owning or using franchises and privileges, in 
such manner as it shall from time to time direct by general law, 
uniform as to the class upon which it operates. 


33 



coNSTiruTroisr of Illinois. 


§ 2. The specification of the objects and subjects of taxation 
shall not deprive the general assembly of the power to require other 
subjects or objects to be taxed, in such manner as may be consist¬ 
ent with the principles of taxation fixed in this constitution. 

§ 3. The property of the State, counties, and other municipal 
corporations, both real and personal, and such other property as 
may be used exclusively for agricultural and horticultural societies, 
for school, religious, cemetery, and charitable purposes, may be ex¬ 
empted from taxation ; but such exemption shall be only by general 
law. In the assessment of real estate incumbered by public ease¬ 
ment, any depreciation occasioned by such easement may be de¬ 
ducted in the valuation of such property. 

§ 4. The general assembly shall provide, in all cases where it 
may be necessary to sell real estate for the non-payment of taxes or 
special assessments, for State, county, municipal, or other purposes, 
that a return of such unpaid taxes or assessments shall be made to 
some general officer of the county having authority to receive State 
and county taxes; and there shall be no sale of said property for 
any of said taxes or assessments but by said officer, upon the order 
or judgment of some court of record. 

§ 5. The right of redemption from all sales of real estate for the 
non-payment of taxes or special assessments of any character what¬ 
ever, shall exist in favor of owners and persons interested in such 
real estate for a period of not less than two years from such sales 
thereof. And the general assembly shall provide,. by law, for rea¬ 
sonable notice to be given to the owners or parties interested, by 
publication or otherwise, of the fact of the sale of the property for 
such taxes or assessments, and when the time of redemption shall 
expire: Proznded, that occupants shall in all cases be served with 
personal notice before the time of redemption expires. 

§ 6. The general assembly shall have no power to release or 
discharge any county, city, township, town, or district whatever, or 
the inhabitants thereof, or the property therein, from their or its 
proportionate share of taxes to be levied for State purposes, nor 
shall commutation for such taxes be authorized in any form what¬ 
soever. 

§ 7. All taxes levied for State purposes shall be paid into the 
State treasury. 


34 


CONSTITUTION OF ILLINOIS. 


§ 8. County authorities shall never assess taxes the aggregate of 
which shall exceed seventy-five cents per one hundred dollars valua¬ 
tion, except for the payment of indebtedness existing at the adoption 
of this constitution, unless authorized by a vote of the people of the 
county. 

§ 9 . The general assembly may vest the corporate authorities of 
cities, towns, and villages with power to make local improvements by 
special assessment or by special taxation of contiguous property, or 
otherwise. For all other corporate purposes, all municipal corpora¬ 
tions may be vested with authority to assess and collect taxes ; but 
such taxes shall be uniform in respect to persons and property 
within the jurisdiction of the body imposing the same. 

§ lo. The general assembly shall not impose taxes upon munici¬ 
pal corporations, or the inhabitants or property thereof, for corporate 
purposes, but shall require that all the taxable property within the 
limits of municipal corporations shall be taxed for the payment of 
debts contracted under authority of law, such taxes to be uniform 
in respect to persons and property within the jurisdiction of the 
body imposing the same. Private property shall not be liable to be 
taken or sold for the payment of the corporate debts of a municipal 
corporation. 

§ II. No person who is in default, as collector or custodian of 
money or property belonging to a municipal corporation, shall be 
eligible to any office in or under such corporation. The fees, salary, 
or compensation of no municipal officer who is elected or appointed 
for a definite term of office, shall be increased or diminished during 
such term. 

§ 12. No county, city, township, school district, or other munici¬ 
pal corporation, shall be allowed to become indebted in any manner 
or for any purpose to an amount, including existing indebtedness in 
the aggregate exceeding five per centum on the value of the taxable 
property therein, to be ascertained by the last assessment for State 
and county taxes previous to the incurring of such, indebtedness. 
Any county, city, school district, or other municipal corporation in¬ 
curring any indebtedness as aforesaid, shall before, or at the time 
of doing so, provide for the collection of a direct annual tax suffi¬ 
cient to pay the interest on such debt as it falls due, and also to 
pay and discharge the principal thereof within twenty years from 

35 


CONSTITUTION OF ILLINOIS. 


the time of contracting the same. This section shall not be con¬ 
strued to prevent any county, city, township, school district, or other 
municipal corporation, from issuing their bonds in compliance with 
any vote of the people which may have been had prior to the adop¬ 
tion of this constitution in pursuance of any law providing therefor. 


ARTICLE X. 


COUNTIES. 


§ I. New Counties. 

§ 2. Division of any County, 

§ 3, Attaching or Detaching Territory. 
§ 4. Removal of County Seats. 

§ 5. County Government. 

§ 6, Board of County Commissioners. 

§ 7. County Affairs in Cook County. 


§ 8. County Officers — Terms of Office, 
§ 9. Salaries and Fees in Cook County. 
§ 10. Salaries Fixed by County Board. 

§ II. Township Officers’ Fees, 

§ 12. Officers’ Fees. 

§ 13. Sworn Reports of Fees. 


§ I. No new county shall be formed or established by the gen¬ 
eral assembly which will reduce the county or counties, or either of 
them, from which it shall be taken to less contents than four 
hundred square miles ; nor shall any county be formed of less con¬ 
tents ; nor shall any line thereof pass within less than ten miles of 
any county seat of the county or counties proposed to be divided. 

§ 2. No county shall be divided, or have any part stricken there¬ 
from, without submitting the question to a vote of the people of the 
county, nor unless a majority of all the legal voters of the county 
voting on the question shall vote for the same. 

§ 3. There shall be no territory stricken from any county, unless 
a majority of the voters living in such territory shall petition for 
such division ; and no territory shall be added to any county without 
the consent of the majority of the voters of the county to which it 
is proposed to be added. But the portion so stricken'ofF and added 
to another county, or formed in whole or in part into a new county, 
shall be holden for, and obliged to pay its proportion of, the in¬ 
debtedness of the county from which it has been taken. 


COUNTY SEATS. 

§ 4. No county seat shall be removed until the point to which it 
is proposed to be removed shall be fixed in pursuance of law, and 

36 



CONSTITUTION OF ILLINOIS. 


three-fifths of the voters of the county, to be ascertained in such 
manner as shall be provided by general law, shall have voted in 
favor of its removal to such point; and no person shall vote on such 
question who has not resided in the county six months, and in the 
election precinct ninety days next preceding such election. The 
question of the removal of a county seat shall not be oftener sub¬ 
mitted than once in ten years, to a vote of the people. But when 
an attempt is made to remove a county seat to a point nearer to the 
center of a county, then a majority vote only shall be necessary. 

COUNTY GOVERNMENT. 

§ 5. The general assembly shall provide, by general law, for 
township organization, under which any county may organize when¬ 
ever a majority of the legal voters of such county, voting at any 
general election, shall so determine ; and whenever any county shall 
adopt township organization, so much of this constitution as pro¬ 
vides for the management of the fiscal concerns of the said county 
by the board of county commissioners, may be dispensed with, and 
the affairs of said county may be transacted in such manner as the 
general assembly may provide. And in any county that shall have 
adopted a township organization, the question of continuing the 
same may be submitted to a vote of the electors of such county, at 
a general election, in the manner that now is or may be provided by 
law; and if a majority of all the votes cast upon that question shall 
be against township organization, then such organization shall cease 
in said county; and all laws in force in relation to counties not hav¬ 
ing township organization, shall immediately take effect and be in 
force in such county. No two townships shall have the same name, 
and the day of holding the annual township meeting shall be uni¬ 
form throughout the State. 

§ 6. At the first election of county judges under this constitution, 
there shall be elected in each of the counties in this State, not under 
township organization, three officers, who shall be styled, “The 
board of county commissioners,” who shall hold sessions for the trans¬ 
action of county business as shall be provided by law. One of said 
commissioners shall hold his office for one year, one for two years, 
and one for three yeais, to be determined by lot; and every year 
thereafter one such officer shall be elected in each of said counties 
for the term of three years. 


37 


CONSTITUTION' OF ILLINOIS. 


§ 7. The county affairs of Cook county shall be managed by a 
board of commissioners of fifteen persons, ten of whom shall be 
elected from the city of Chicago and five from towns outside of said 
city, in such manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

§ 8. In each county there shall be elected the following county 
officers, at the general election to be held on the Tuesday after 
the first Monday in November, a.d. 1882: A county judge, 
county clerk, sheriff, and treasurer, and at the election to be held 
on the Tuesday after the first Monday in November, a.d. 1884, 
w a coroner and clerk of the circuit court (who may be ex-officio, 
c recorder of deeds, except in counties having 60,000 and more in- 
TJ habitants, in which counties a recorder of deeds shall be elected 
c at the general election in 1884). Each of said officers shall enter 
E upon the duties of his office, respectively, on the first Monday of 
(0 December after his election, and they shall hold their respective 
offices for the term of four years, and until their successors are 
elected and qualified : Provided, that no person having once been 
elected to the office of sheriff or treasurer, shall be eligible to re- 
election to said office for four years after the expiration of the 
term for which he shall have been elected. 

§ 9. The clerks of all the courts of record, the treasurer, sheriff, 
coroner and recorder of deeds of Cook county, shall receive as their 
only compensation for their services, salaries to be fixed by law, 
which shall in no case be as much as the lawful compensation of a 
judge of the .circuit court of said county, and shall be paid, respec¬ 
tively, only out of the fees of the office actually collected. All fees, 
perquisites, and emoluments (above the amount of said salaries) 
shall be paid into the county treasury. The number of the deputies 
and assistants of such officers shall be determined by rule of the 
circuit court, to be entered of record, and their compensation shall 
be determined by the county board. 

§ 10. The county board, except as provided in section nine of 
this article, shall fix the compensation of all county officers, with 
the amount of their necessary clerk hire, stationery, fuel, and other 
expenses, and in all cases where fees are provided for, said compen¬ 
sation shall be paid only out of, and shall in no instance exceed, 

38 


CONSTITUTION OF ILLINOIS. 


the fees actually collected ; they shall not allow either of them more 
per annum than fitteen hundred dollars, in counties not exceeding 
twenty thousand inhabitants ; two thousand dollars, in counties con¬ 
taining twenty thousand and not exceeding thirty thousand inhabi¬ 
tants ; twenty-five hundred dollars, in counties containing thirty 
thousand and not exceeding fifty thousand inhabitants ; three thou¬ 
sand dollars, in counties containing fifty thousand and not exceed¬ 
ing seventy thousand inhabitants; thirty-five hundred dollars, in 
counties containing seventy thousand and not exceeding one hun¬ 
dred thousand inhabitants ; and four thousand dollars, in counties 
containing over one hundred thousand, and not exceeding two 
hundred and fifty thousand inhabitants; and not more than one 
thousand dollars additional compensation for each additional one 
hundred thousand inhabitants : Provided, that the compensation of 
no officer shall be increased or diminished during his term of office. 
All fees or allowances by them received, in excess of their said 
compensation, shall be paid into the county treasury. 

§ II. The fees of township officers, and of each class of county 
officers, shall be uniform in the class of counties to which they re¬ 
spectively belong. The compensation herein provided for shall apply 
only to officers hereafter elected, but all fees established by special 
laws shall cease at the adoption of this constitution, and such offi¬ 
cers shall receive only such fees as are provided by general law. 

§ 12. All laws fixing the fees of State, county, and township offi¬ 
cers, shall terminate with the terms respectively of those who may 
be in office at the meeting of the first general assembly after the 
adoption of this constitution ; and the general assembly shall, by 
general law, uniform in its operation, provide for and regulate the 
fees of said officers and their successors, so as to reduce the same to 
a reasonable compensation for services actually rendered. But the 
general assembly may, by general law, classify the counties by popu¬ 
lation into not more than three classes, and regulate the fees accord¬ 
ing to class. This article shall not be construed as depriving the 
general assembly of the power to reduce the fees of existing officers. 

§ 13. Every person who is elected or appointed to any office in 
this State, who shall be paid in whole or in part by fees, shall be 
required by law to make a semi-annual report, under oath, to some 
officer to be designated by law, of all his fees and emoluments. 


39 


CONSTITUTION OF ILLINOIS. 


ARTICLE XL 


CORPORATIONS. 


§ I. Organization of Corporations. 

§ 2. Existing Charters. 

§ 3. Election of Directors or Managers. 

§ 4. Construction of Street Railroads. 

§ 5. State Bank Forbidden — General 



§ 10. Personal Property of Railroads. 

§ II. Consolidations. 

§ 12. Railroads Deemed Highways—Rates 


Law. 

§ 6. Liability of Bank Stockholder. 
§ 7. Suspension of Specie Payment. 
§ 8. Of a General Banking Law. 


Fixed. 

§ 13. Stock, Bonds, and Dividends. 

§ 14. Power over Existing Companies. 
§15. Freight and Passenger Tariffs Regu¬ 


lated. 


§ I. No corporation shall be created by special laws, or its char¬ 
ter extended, changed, or amended, except those for charitable, 
educational, penal, or reformatory purposes, which are to be and re¬ 
main under the patronage and control of the State, but the general 
assembly shall provide, by general laws, for the organization of all 
corporations hereafter to be created. 

§ 2. All existing charters or grants of special or exclusive privi¬ 
leges, under which organization shall not have taken place, or 
which shall not have been in operation within ten days from the 
time this constitution takes effect, shall thereafter have no validity 
or effect whatever. 

§ 3. The general assembly shall provide, by law, that in all 
elections for directors or managers of incorporated companies, 
every stockholder shall have the right to vote, in person or by 
proxy, for the number of shares of stock owned by him, for as 
many persons as there are directors or managers to be elected, or 
to cumulate said shares, and give one candidate as many votes as 
the number of directors multiplied by the number of his shares of 
stock shall equal, or to distribute them on the same principle 
among as many candidates as he shall think fit; and such directors 
or managers shall not be elected in any other manner. 

§ 4. No law shall be passed by the general assembly granting 
the right to construct and operate a street railroad within any 
city, town, or incorporated village, without requiring the consent of 
the local authorities having the control of the street or highway 
proposed to be occupied by such street railroad. 


40 



CONS'lITUTION OF ILLINOIS. 


BANKS. 

§ 5. No State bank shall hereafter be created, nor shall the 
State own or be liable for any stock in any corporation or joint 
stock company or association for banking purposes now created, or 
to be hereafter created. No act of the general assembly author¬ 
izing or creating corporations or associations with banking powers, 
whether of issue, deposit, or discount, nor amendments thereto, 
shall go into effect or in any manner be in force, unless the same 
shall be submitted to a vote of the people at the general election 
next succeeding the passage of the same, and be approved by 
a majority of all the votes cast at such election for or against 
such law. 

§ 6. Every stockholder in a banking corporation or institution 
shall be individually responsible and liable to its creditors, over 
and above the amount of stock by him or her held, to an amount 
equal to his or her respective shares so held, for all its liabilities 
accruing while he or she remains such stockholder. 

§ 7. The suspension of specie payments by banking institutions, 
on their circulation, created by the laws of this State, shall never be 
permitted or sanctioned. Every banking association now, or which 
may hereafter be, organized under the laws of this State, shall make 
and publish a full and accurate quarterly statement of its affairs 
(which shall be certified to, under oath, by one or more of its offi¬ 
cers) as may be provided by law. 

§ 8. If a general banking law shall be enacted, it shall provide 
for the registry and countersigning, by an officer of state, of all 
bills or paper credit designed to circulate as money, and require 
security, to the full amount thereof, to be deposited with the State 
treasurer, in United States or Illinois State stocks, to be rated at 
ten per cent, below their par value ; and in case of a depreciation 
of said stocks to the amount of ten per cent, below par, the bank 
or banks owning said stocks shall be required to make up said 
deficiency by depositing additional stocks. And said law shall also 
provide for the recording of the names of all stockholders in such 
corporations, the amount of stock held-by each, the time of any 
transfer thereof, and to whom such transfer is made. 


41 


CONSTITUTION OF ILLINOIS. 


RAILROADS. 

§ 9. Every railroad corporation organized or doing business in 
this State, under the laws or authority thereof, shall have and main¬ 
tain a public office or place in this State for the transaction of its 
business, where transfers of stock shall be made, and in which shall 
be kept, for public inspection, books in which shall be recorded the 
amount of capital stock subscribed, and by whom ; the names of the 
owners of its stock, and the amounts owned by them respectively; 
the amount of stock paid in, and by whom; the transfers of said 
stock; the amount of its assets and liabilities, and the names and 
place of residence of its officers. The directors of every railroad 
corporation shall annually make a report, under oath, to the auditor 
of public accounts, or some officer to be designated by law, of all 
their acts and doings, which report shall include such matters re¬ 
lating to railroads as may be prescribed by law. And the general 
assembly shall pass laws enforcing by suitable penalties the pro¬ 
visions of this section. 

§ 10. The rolling stock, and all other movable property belonging 
to any railroad company or corporation in this State, shall be con¬ 
sidered personal property, and shall be liable to execution and sale 
in the same manner as the personal property of individuals, and the 
general assembly shall pass no law exempting any such property 
from execution and sale. 

§ II. No railroad corporation shall consolidate its stock, prop¬ 
erty, or franchises with any other railroad corporation owning a 
parallel or competing line; and in no case shall any consolidation 
take place except upon public notice given, of at least sixty days, to 
all stockholders, in such manner as may be provided by law. A 
majority of the directors of any railroad corporation, now incorpo¬ 
rated or hereafter to be incorporated by the laws of this State, shall 
be citizens and residents of this State. 

§ 12. Railways heretofore constructed or that may hereafter be 
constructed in this State, are hereby declared public highways, and 
shall be free to all persons for the transportation of their persons 
and property thereon, under such regulations as may be prescribed 
by law. And the general assembly shall, from time to time, pass 
laws establishing reasonable maximum rates of charges for the trans- 


42 


CONSTITUTION OF ILLINOIS. 


portation of passengers and freight on the different railroads in this 
State. 

§ 13. No railroad corporation shall issue any stock or bonds, 
except for money, labor, or property actually received and applied 
to the purposes for which such corporation was created; and all 
stock dividends, and other fictitious increase of capital stock or in¬ 
debtedness of any such corporation, shall be void. The capital 
stock of no railroad corporation shall be increased for any purpose, 
except upon giving sixty days’ public notice, in such manner as may 
be provided by law. 

§ 14. The exercise of the power and the right of eminent domain 
shall never be so construed or abridged as to prevent the taking, 
by the general assembly, of the property and franchises of incor¬ 
porated companies already organized, and subjecting them to the 
public necessity the same as of individuals. The right of trial by 
jury shall be held inviolate in all trials of claims for compensation, 
when, in the exercise of the said right of eminent domain, any in¬ 
corporated company shall be interested either for or against the ex¬ 
ercise of said right. 

§ 15. The general assembly shall pass laws to correct abuses 
and prevent unjust discrimination and extortion in the rates of 
freight and passenger tariffs on the different railroads in this State, 
and enforce such laws by adequate penalties, to the extent, if neces¬ 
sary for that purpose, of forfeiture of their property and franchises. 


ARTICLE XII. 


MILITIA. 


§ I. Persons Liable to Duty. 

§ 2. Organization — Equipment — Disci¬ 
pline. 

§ 3. Officers. 


§ 4. Privileged from Arrest. 

§ 5. Records, etc., Preservation. 
§ 6. Exemption from Duty. 


§ I. The militia of the State of Illinois shall consist of all able- 
bodied male persons, resident in the State, between the ages of 
eighteen and forty-five, except such persons as now are or hereafter 
may be exempted by the laws of the United States or of this State. 

§ 2. The general assembly, in providing for the organization, 


43 



CONSTITUTrON OF ILLINOIS. 


equipment, and discipline of the militia, shall conform as nearly as 
practicable to the regulations for the government of the armies of 
the United States. 

§ 3. All militia officers shall be commissioned by the governor, 
and may hold their commissions for such time as the general as¬ 
sembly may provide. 

§ 4. The militia shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
musters and elections, and in going to and returning from the same. 

§ 5. The military records, banners, and relics of the State shall 
be preserved as an enduring memorial of the patriotism and valor 
of Illinois, and it shall be the duty of the general assembly to pro¬ 
vide by law for the safe-keeping of the same. 

§ 6. No person having conscientious scruples against bearing 
arms shall be compelled to do militia duty in time of peace : Pro¬ 
vided., such person shall pay an equivalent for such exemption. 


ARTICLE XIII. 


WAREHOUSES. 


§ I. Public Warehouses. 

§ 2. Weekly Statements Required. 

§ 3. Examination of Property Stored. 


§ 5. Delivery of Grain by Railroads. 
§ 6. Warehouse Receipts. 

§ 7. Grain Inspection. 


§ 4. Delivery of Full Weights. 

§ I. All elevators or storehouses where grain or other property Ts 
stored for a compensation, whether the property stored be kept sep¬ 
arate or not, are declared to be public warehouses. 

§ 2. The owner, lessee, or manager of each and every public ware¬ 
house situated in any town or city of not less than one hundred 
thousand inhabitants, shall make weekly statements under oath, 
before some officer to be designated by law, and keep the same 
posted in some conspicuous place in the office of such warehouse, 
and shall also file a copy for public examination in such place as 
shall be designated by law, which statement shall correctly set forth 
the amount and grade of each and every kind of grain in such ware¬ 
house, together with such other property as may be stored therein, 
and what warehouse receipts have been issued, and are, at tlie time 


44 



CONSTITUTION OF ILLINOIS. 


of making such statement, outstanding therefor; and shall, on the 
copy posted in the warehouse, note daily such changes as may be 
made in the quantity and grade of grain in such warehouse; and 
the different grades of grain shipped in separate lots shall not be 
mixed with inferior or superior grades without the consent of the 
owner or consignee thereof. 

§ 3. The owners of property stored in any warehouse, or holder 
of a receipt for the same, shall always be at liberty to examine such 
property stored, and all the books and records of the warehouse, in 
regard to such property. 

§ 4. All railroad companies and other common carriers on rail¬ 
roads shall weigh or measure grain at points where it is shipped and 
receipt for the full amount, and shall be responsible for the delivery 
of such amount to the owner or consignee thereof, at the place of 
destination. 

§ 5. All railroad companies receiving and transporting grain in 
bulk or otherwise, shall deliver the same to any consignee thereof, 
or any elevator or public warehouse to which it may be consigned, 
provided such consignee or the elevator or public warehouse can be 
reached by any track owned, leased, or used, or which can be used 
by such railroad companies ; and all railroad companies shall permit 
connections to be made with their track, so that any such consignee 
and any public warehouse, coal bank, or coal yard may be reached 
by the cars on said railroad. 

§ 6. It shall be the duty of the general assembly to pass all neces¬ 
sary laws to prevent the issue of false and fraudulent warehouse 
receipts, and to give full effect to this article of the constitution, 
which shall be liberally construed so as to protect producers and 
shippers. And the enumeration of the remedies herein named shall 
not be construed to deny to the general assembly the power to pre¬ 
scribe by law such other and further remedies as may be found expe¬ 
dient, or to deprive any person of existing common law remedies. 

§ 7. The general assembly shall pass laws for the inspection of 
grain, for the protection of producers, shippers, and receivers of 
grain and produce. 


4S 


CONSTITUTION OF ILLINOIS. 


ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

§ I. By a Convention. | § 2. Proposed by the Legislature. 

§ I. Whenever two-thirds of the members of each house of the 
general assembly shall, by a vote entered upon the journals thereof, 
concur that a convention is necessary to revise, alter, or amend the 
constitution, the question shall be submitted to the electors at the 
next general election. If a majority voting at the election vote for 
a convention, the general assembly shall, at the next session, pro¬ 
vide for a convention, to consist of double the number of members 
of the senate, to be elected in the same manner, at the same places, 
and in the same districts. The general assembly shall, in the act 
calling the convention, designate the day, hour, and place of its 
meeting, fix the pay of its members and officers, and provide for the 
payment of the same, together with the expenses necessarily incurred 
by the convention in the performance of its duties. Before proceed¬ 
ing, the members shall take an oath to support the constitution of 
the United States, and of the State of Illinois, and to faithfully dis¬ 
charge their duties as members of the convention. The qualification 
of members shall be the same as that of members of the senate, and 
vacancies occurring shall be filled in the manner provided for filling 
vacancies in the general assembly. Said convention shall meet 
within three months after such election, and prepare such revision, 
alteration, or amendments of the constitution as shall be deemed 
necessary, which shall be submitted to the electors for their ratifica¬ 
tion or rejection at an election appointed by the convention for that 
purpose, not less than two nor more than six months after the 
adjournment thereof; and unless so submitted, and approved by a 
majority of the electors voting at the election, no such revision, alter¬ 
ation, or amendments shall take effect. 

§ 2. Amendments to this constitution may be proposed in either 
house of the general assembly, and if the same shall be voted for by 
two-thirds of all the members elected to each of the two houses, 
such proposed amendments, together with the yeas and nays of 
each house thereon, shall be entered in full on their respective jour- 

46 


CONSTITUTION OF ILLINOIS. 


nals, and said amendments shall be submitted to the electors of this 
State for adoption or rejection, at the next election of members of 
the general assembly, in such manner as may be prescribed by law. 
The proposed amendments shall be published in full at least three 
months preceding the election, and if a majority of the electors 
voting at said election shall vote for the proposed amendments, they 
shall become a part of this constitution. But the general assembly 
shall have no power to propose amendments to more than one arti¬ 
cle of this constitution at the same session, nor to the same article 
oftener than once in four years. 


SECTIONS SEPARATELY SUBMITTED. 

ILLINOIS CENTRAL RAILROAD. 

Illinois Central Railroad. I Illinois and Michigan Canal. 

Municipal Subscriptions to Corporations. I 

No contract, obligations, or liability whatever, of the Illinois Cen¬ 
tral Railroad Company to pay any money into the State treasury, 
nor any lien of the State upon, or right to tax property of said 
company, in accordance with the provisions of the charter of said 
company, approved February tenth, in the year of our Lord one 
thousand eight hundred and fifty-one, shall ever be released, sus¬ 
pended, modified, altered, remitted, or in any manner diminished or 
impaired by legislative or other authority; and all moneys derived 
from said company, after the payment of the State debt, shall be 
appropriated and set apart for the payment of the ordinary expenses 
of the State government, and for no other purposes whatever. 

MINORITY REPRESENTATION. 

[See Sections 7 and 8, Article IV., page 10.] 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORA¬ 
TIONS. 

No county, city, town, township, or other municipality, shall ever 
become subscriber to the capital stock of any railroad or private 
corporation, or make donation to or loan its credit in aid of such 


47 


CONSTITUTrON OF ILLINOIS. 


corporation: Provided, howe 7 >er, that the adoption of this article 
shall net be construed as affecting the right of any such municipality 
to make such subscriptions where the same have been authorized, 
under existing laws, by a vote of the people of such municipalities 
prior to such adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold or leased 
until the specific proposition for the sale or lease thereof shall first 
have been submitted to a vote of the people of the State, at a gen¬ 
eral election, and have been approved by a majority of all the votes 
polled at such election. The general assembly shall never loan the 
credit of the State, or make appropriations from the treasury there¬ 
of, in aid of railroads or canals : Provided, that any surplus earnings 
of any canal may be appropriated for its enlargement or extension. 


SCHEDULE. 


§ I. Laws in Force remain Valid. 

§ 2. Fines, Penalties, and Forfeitures. 

§ 3. Recognizances, Bonds, Obligations. 


§ 4. County Courts. 

§ 5. All Existing Courts Continued. 

§ 6. Persons now in Office Continued. 


That no inconvenience may arise from the alterations and amend¬ 
ments made in the constitution of this State, and to carry the same 
into complete effect, it is hereby ordained and declared; 

§ I. That all laws in force at the adoption of this constitution, 
not inconsistent therewith, and all rights, actions, prosecutions, 
claims, and contracts of the State, individuals, or bodies corporate, 
shall continue to be as valid as if this constitution had not been 
adopted. 

§ 2. That all fines, taxes, penalties, and forfeitures, due and ow¬ 
ing to the State of Illinois under the present constitution and laws, 
shall inure to the use of the people of the State of Illinois, under 
this constitution. 

§ 3. Recognizances, bonds, obligations, and all other instruments 
entered into or executed before the adoption of this constitution, to 
the people of the State of Illinois, to any State or county officer, 
or public body, shall remain binding and valid; and rights and lia¬ 
bilities upon the same shall continue, and all crimes and misde- 

48 



CONSTITUTION- OF ILLINOIS. 


meanors shall be tried and punished as though no change had been 
made in the constitution of this State. 

§ 4. County courts for the transaction of county business in coun¬ 
ties not having adopted township organization shall continue in 
existence, and exercise their present jurisdiction until the board of 
county commissioners provided in this constitution is organized in 
pursuance of an act of the general assembly ; and the county courts 
in all other counties shall have the same power and jurisdiction 
they now possess until otherwise provided by law. 

§ 5. All existing courts which are not in this constitution spe¬ 
cifically enumerated shall continue in existence and exercise their 
present jurisdiction until otherwise provided by law. 

§ 6. All persons now filling any office or appointment shall con¬ 
tinue in the exercise of the duties thereof according to their respec¬ 
tive commissions or appointments, unless by this constitution it is 
otherwise directed. 

[Sections 7 to 17, both inclusive, providing for the submission of this consti¬ 
tution and voting thereon by the people, became inoperative by the adoption 
of this constitution.] 

§ 7. On the day this constitution is submitted to the people for 
ratification an election shall be held for judges of the supreme court 
in the second, third, sixth, and seventh judicial election districts 
designated in this constitution, and for the election of three judges 
of the circuit court in the county of Cook, as provided for in the 
article of this constitution relating to the judiciary, at which election 
every person entitled to vote, according to the terms of this consti¬ 
tution, shall be allowed to vote, and the election shall be otherwise 
conducted, returns made, and certificates issued, in accordance with 
existing laws, except that no registry shall be required at said elec¬ 
tion: Provided, that at said election in the county of Cook no 
elector shall vote for more than two candidates for circuit judge. 
If, upon canvassing the votes for and against the adoption of this 
constitution, it shall appear that there has been polled a greater 
number of votes against than for it, then no certificates of election 
sliall be issued for any of said supreme or circuit judges. 

§ 8. This constitution shall be submitted to the people of the 
State of Illinois for adoption or rejection at an election to be held 


49 


CONSTITUTION OF ILLINOIS. 


on the first Saturday in July, in the year of our Lord one thousand 
eight hundred and seventy, and there shall be separately submitted 
at the same time, for adoption or rejection, sections nine, ten, 
eleven, twelve, thirteen, fourteen, and fifteen relating to rail¬ 
roads, in the article entitled “ Corporations,” the article entitled 
‘‘Counties,” the article entitled “Warehouses,” the question of 
requiring a three-fifths vote to remove a county seat, the section 
relating to the Illinois Central Railroad, the section in relation to 
minority representation, the section relating to municipal subscrip¬ 
tions to railroads or private corporations, and the section relating 
to the canal. Every person entitled to vote under the provisions 
of this constitution, as defined in the article in relation to suffrage, 
shall be entitled to vote for the adoption or rejection of this con¬ 
stitution, and for or against the articles, sections, and questions 
aforesaid, separately submitted, and the said qualified electors shall 
vote at the usual places of voting, unless otherwise provided; and 
the said election shall be conducted, and returns thereof made, 
according to the laws now in force regulating general elections, 
except that no registry shall be required at said election: Provided., 
however, that the polls shall be kept open for the reception of 
ballots until sunset of said day of election. 

§ 9. The secretary of state shall, at least twenty days before 
said election, cause to be delivered to the county clerk of each 
county, blank poll-books, tally-lists, and forms of return, and twice 
the number of properly prepared printed ballots for the said 
election that there are voters in such county, the expense whereof 
shall be audited and paid as other public printing ordered by the 
secretary of State is, by law, required to be audited and paid, and 
the several county clerks shall at least five days before said elec¬ 
tion, cause to be distributed to the board of election, in each elec¬ 
tion district in their respective counties, said blank poll-books, 
tally-lists, forms of return, and tickets. 

§ 10. At the said election the ballots shall be in the following 
form: 

NEW CONSTITUTION TICKET. 

h'or all the propositions on this ticket which are not cancelled 
with ink or pencil, and against all propositions which are so 
cancelled. 


CONSTITUriOIV OF ILLINOIS. 


For the new constitution. 

For the sections relating to railroads in the article entitled 
Corporations.” 

For the article entitled Counties.” 

For the article entitled ‘‘Warehouses.” 

For a three-fifths vote to remove county seats. 

For the section relating to the Illinois Central Railroad. 

For the section relating to minority representation. 

For the section relating to municipal subscriptions to railroads 
or private corporations. 

For the section relating to the canal. 

Each of said tickets shall be counted as a vote cast for each 
proposition thereon not cancelled with ink or pencil, and against 
each proposition so cancelled, and returns thereof shall be made 
accordingly by the judges of election. 

§11. The returns of the whole vote cast, and of the votes for 
the adoption or rejection of this constitution, and for or against 
the articles and sections respectively submitted, shall be made 
by the several county clerks, as is now provided by law, to the 
secretary of State, within twenty days after the election, and the 
returns of said votes shall, within five days thereafter, be examined 
and canvassed by the auditor, treasurer, and secretary of state, or 
any two of them, in the presence of the governor, and proclamation 
shall be made by the governor forthwith of the result of the 
canvass. 

§ 12. If it shall appear that a majority of the votes polled are 
“ for the new constitution,” then so much of this constitution as 
was not separately submitted to be voted on by articles and sec¬ 
tions, shall be the supreme law of the State of Illinois on and after 
Monday, the eighth day of August, in the year of our Lord one 
thousand eight hundred and seventy; but if it shall appear that a 
majority of the votes polled were “ against the new constitution,” 
then so much thereof as was not separately submitted to be voted 
on by articles and sections, shall be null and void. 

If it shall appear that a majority of the votes polled are “for 
the sections relating to railroads in the article entitled ‘ Corpora¬ 
tions,’ ” sections nine, ten, eleven, twelve, thirteen, fourteen, and 
fifteen, relating to railroads in the said article, shall be a part of the 

51 


CONST/TUT/OAT OF ILLINOIS. 


constitution of this State, but if a majority of said votes are against 
such sections, they shall be null and void. If a majority of the 
votes polled are “ tor the article entitled ‘ Counties,’ ” such article 
shall be part of the constitution of this State, and shall be sub¬ 
stituted for article seven, in the present constitution, entitled 
Counties ” ; but if a majority of said votes are against such article 
the same shall be null and void. If a majority of the votes polled 
are “ for the article entitled ‘ Warehouses,’ ” such article shall be 
part of the constitution of this State ; but if a majority of the votes 
are against such article, the same shall be null and void. If a 
majority of the votes polled are for either of the sections separately 
submitted, relating respectively to the Illinois Central Railroad,” 
“ minority representation,” “ municipal subscriptions to railroads or 
private corporations,” and the “canal,” then such of said sections 
as shall receive such majority shall be a part of the constitution 
of this State; but each of said sections so separately submitted 
against which respectively there shall be a majority of the votes 
polled, shall be null and void : Provided., that the section relating 
to “ minority representation ” shall not be declared adopted unless 
the portion of the constitution not separately submitted to be voted 
on by articles and sections shall be adopted ; and in case said sec¬ 
tion relating to “ minority representation” shall become a portion of 
the constitution, it shall be substituted for sections seven and eight 
of the legislative article. If a majority of the votes cast at such 
election shall be for a three-fifths vote to remove a county seat, 
then the words “a majority” shall be stricken out of section four 
of the article on Counties, and the words “ three-fifths ” shall be in¬ 
serted in lieu thereof, and the following words shall be added to 
said section, to-wit: “ But when an attempt is made to remove a 
county seat to a point nearer to the center of a county, then a ma¬ 
jority vote only shall be necessary.” If the foregoing proposition 
shall not receive a majority of the votes, as aforesaid, then the 
same shall have no effect whatever. 

§ 13. Immediately after the adoption of this constitution, the 
governor and secretary of state shall proceed to ascertain and fix 
the apportionment of the State for members of the first house of 
representatives under this constitution. The apportionment shall 
be based upon the federal census of the year of our Lord one thou- 


52 


CONSTITUTION OF ILLINOIS. 


sand eight hundred and seventy, of the State of Illinois, and shall 
be made strictly in accordance with the rules and principles an¬ 
nounced in the article on the legislative department of this con¬ 
stitution : Provided, that in case the federal census aforesaid 
cannot be ascertained prior to Friday, the twenty-third day of Sep¬ 
tember, in the year of our Lord one thousand eight hundred and 
seventy, then the said apportionment shall be based on the State 
census of the year of our Lord one thousand eight hundred and 
sixty-five, in accordance with the rules and principles aforesaid. 
The governor shall, on or before Wednesday, the twenty-eighth day 
of September, in the year of our Lord one thousand eight hundred 
and seventy, make official announcement of said apportionment, 
under the great seal of the State; and one hundred copies thereof, 
duly certified, shall be forthwith transmitted by the secretary of 
state to each county clerk for distribution. 

§ 14. The districts shall be regularly numbered by the secretary 
of state, commencing with Alexander county as number one, and 
proceeding then northwardly through the State, and terminating 
with the county of Cook, but no county shall be numbered as more 
than one district, except the county of Cook, which shall constitute 
three districts, each embracing the territory contained in the now 
existing representative districts of said county. And on the Tues¬ 
day after the first Monday in November, in the year of our Lord 
one thousand eight hundred and seventy, the members of the first 
house of representatives under this constitution shall be elected 
according to the apportionment fixed and announced as aforesaid, 
and shall hold their offices for two years, and until their successors 
shall be elected and qualified. 

§ 15. The senate, at its first session under this constitution, shall 
consist of fifty members, to be chosen as follows: At the general 
election held on the first Tuesday after the first Monday of No¬ 
vember, in the year of our Lord one thousand eight hundred and 
seventy, two senators shall be elected in districts where the term of 
senators expires on the first Monday of January, in the year of our 
Lord one thousand eight hundred and seventy-one, or where there 
shall be a vacancy, and in the remaining districts one senator 
shall be elected. Senators so elected shall hold their office two 
years. 


53 


CONSTirUT/OAT OF ILLINOIS. 


§ 16. The general assembly, at its first session held after the 
adoption of this constitution, shall proceed to apportion the State 
for members of the senate and house of representatives, in accord¬ 
ance with the provisions of the article on the legislative department. 

§ 17. When this constitution shall be ratified by the people, the 
governor shall forthwith, after having ascertained the fact, issue 
writs of election to the sheriffs of the several counties of the State, 
or in case of vacancies, to the coroners, for the election of all the 
officers the time of whose election is fixed by this constitution or 
schedule, and it shall be the duty of said sheriffs or coroners to give 
such notice of the time and place of said election as is now pre¬ 
scribed by law. 

§ 18. All laws of the State of Illinois and all official writings, 
and the executive, legislative, and judicial proceedings, shall be con¬ 
ducted, preserved, and published in no other than the English lan¬ 
guage. 

§ 19. The general assembly shall pass all laws necessary to carry 
into effect the provisions of this constitution. 

§ 20. The circuit clerks of the different counties having a popu¬ 
lation over sixty thousand shall continue to be recorders {ex-officio) 
for their respective counties, under this constitution, until the ex¬ 
piration of their respective terms. 

§ 21. The judges of all courts of record in Cook county shall, 
in lieu of any salary provided for in this constitution, receive the 
compensation provided by law until the adjournment of the first 
session of the general assembly after the adoption of this constitu¬ 
tion. 

§ 22. The present judge of the circuit court of Cook county shall 
continue to hold the circuit court of Lake county until otherwise 
provided by law. 

§ 23. When this constitution shall be adopted and take effect as 
the supreme law of the State of Illinois, the two-mill tax provided 
to be annually assessed and collected upon each dollar’s worth of 
taxable property in addition to all other taxes, as set forth in article 
fifteen of the now existing constitution, shall cease to be assessed 
after the year of our Lord one thousand eight hundred and seventy. 

§ 24. Nothing contained in this constitution shall be so con¬ 
strued as to deprive the general assembly of power to authorize 


54 


CONSTITUTION OF ILLINOIS. 


the city of Quincy to create any indebtedness for railroad or munic¬ 
ipal purposes for which the people of said city shall have voted and 
to which they shall have given, by such vote, their assent, prior to 
the thirteenth day of December, in the year of our Lord one thou¬ 
sand eight hundred and sixty-nine: Provided., that no such indebt¬ 
edness so created, shall, in any part thereof, be paid by the State 
or from any State revenue tax or fund, but the same shall be paid, 
if at all, by the said city of Quincy alone, and by taxes to be levied 
upon the taxable property thereof: And provided, further, that the 
general assembly shall have no power in the premises that it could 
not exercise under the present constitution of the State. 

§ 25. In case this constitution, and the articles and sections sub¬ 
mitted separately be adopted, the existing constitution shall cease 
in all its provisions; and in case this constitution be adopted, and 
any one or more of the articles or sections submitted separately be 
defeated, the provisions of the existing constitution, if any, on the 
same subject shall remain in force. 

§ 26. The provisions of this constitution required to be executed 
prior to the adoption or rejection thereof, shall take effect and be in 
force immediately. 

Done in convention at the capitol in the city of Springfield, on 
the thirteenth day of May, in the year of our Lord one thousand 
eight hundred and seventy, and of the independence of the United 
States of Americajhe ninety-fourth. 

In witness whereof, we have hereunto subscribed our names. 


Charles Hitchcock, Presidefit. 


James C. Allen, 
Elliott Anthony, 
Wm. R. Archer, 
Henry I. Atkins, 
James G. Bayne, 
R. M. Benjamin, 


O. H. Browning, 
Wm. G. Bowman, 


John Abbott, 


William J. Allen, 


H. P. H. Bromwell, 


Silas L. Bryan, 

H. P. Buxton, 

Daniel Cameron, 
William Cary, 
Lawrence S. Church, 
Hiram H. Cody, 

W. F. COOLBAUGH, 
Alfred M. Craig, 
Rober J. Cross, 
Samuel P. Cummings, 
John Dement, 


55 


CONSTITUTIOJV OF ILLINOIS. 


G. S. Eldridge, 

James W. English, 
David Ellis, 

Ferris Forman, 

Jesse C. Fox, 

Miles A. Fuller, 

John P. Gamble, 
Addison Goodell, 

John C. Haines, 

Elijah M. Haines, 

John W. Hankins, 
James McCoy, 

Charles E, McDowell, 
William C. Goodhue, 
Joseph Medill, 

Clifton H. Moore, 
Jonathan Merriam, 
Joseph Parker, 

Samuel C. Parker, 
Peleg S. Perley, 

J. S. POAGE, 

Edward Y. Rice, 

James P. Robinson, 
Lewis W. Ross, 

Robert A. King, 
William P. Pierce, 

N. J, PiLLSBURY, 

John Scholfield, 

Attest: 


James M. Sharp, 

Henry Sherrell, 

Wm. H. Snyder, 

O. C. Skinner, 

Westel W. Sedgwick, 
Charles F. Springer, 
John L. Tincher, 

C. Truesdale, 

Henry Tubbs, 

Thomas J. Turner, 

Wm. H. Underwood, 
Wm. L. Vandeventer, 
Henry W. Wells, 
George E. Wait, 

George W. Wall, 

R. B. Sutherland, 

R. P. Hanna, 

Joseph Hart, 

Abel Harwood, 

Milton Hay, 

Samuel Snowden Hayes, 
Jesse S. Hildrup 

D. C. Wagner, 

George R. Wendling, 
Chas. Wheaton, 

L. D. Whiting, 

John H. Wilson, 
Orlando H. Wright. 


John Q. Harmon, Secretary. 

Daniel Shepard, First Assistant Secretary. 
A. H. Swain, Second Assistant Secretary. 

56 



CONSTITUTION OF ILLINOIS. 


AMENDMENTS. 

FIRST AMENDMENT. 

Article IV. — Section 31. 

Proposed by the Thirtieth General Assembly, 1877, and adopted by a 
vote of the People on the ^th day of November, A.D. 1878. 

DRAINAGE. 

The general assembly may pass laws permitting the owners of 
lands to construct drains, ditches, and levees for agricultural, sani¬ 
tary or mining purposes across the lands of others, and provide for 
the organization of drainage districts and vest the corporate author¬ 
ities thereof with power to construct and maintain levees, drains, 
and ditches, and to keep in repair all drains, ditches, and levees 
heretofore constructed under the laws of this State, by special 
assessments upon the property benefited thereby. 

SECOND AMENDMENT. 

Article X. — Section 8. 

Proposed by the Thirty-first General Assembly, 1879, adopted by 
a 'note of the People on the 2d day of November, A.D. 1880. 

COUNTY OFFICERS. 

In each county there shall be elected the following county officers 
at the general election to be held on the Tuesday after the first 
Monday in November, a.d. 1882: A county judge, county clerk, 
sheriff, and treasurer, and at the election to be held on the first 
Tuesday after the first Monday in November, a.d. 1884, a coroner 
and clerk of the circuit court (who may be ex-officio recorder of 
deeds, except in counties having 60,000 and more inhabitants, in 
which counties a recorder of deeds shall be elected at the general 
election in 1884). Each of said officers shall enter upon the duties 
of his office, respectively, on the first Monday of December after his 
election, and they shall hold their respective offices for the term of 
four years, and until their successors are elected and qualified: 

57 


CONSTITUTION OF ILLINOIS. 


Provided., that no person having <^nce been elected to the office of 
sheriff or treasurer shall be eligible to re-election to said offices for 
four years after the expiration of the term for which he shall have 
been elected. 


THIRD AMENDMENT. 

Article V. — Section i6. 

Proposed by the Thirty-third General Assembly, 1883, and adopted 
by a vote of the People on the ^th day of November, A.D. 1884. 

VETO POWER OF THE GOVERNOR. 

Every bill passed by the general assembly shall, before it becomes 
a law, be presented to the governor. If he approve, he shall sign it, 
and thereupon it shall become a law; but if he do not approve, he 
shall return it, with his objections, to the house in which it shall 
have originated, which house shall enter the objections at large upon 
its journal and proceed to reconsider the bill. If then two-thirds of 
the members elected agree to pass the same, it shall be sent, together 
with the objections, to the other house, by which it shall likewise 
be reconsidered, and if approved by two-thirds of the members 
elected to that house, shall become a law, notwithstanding the 
objections of the governor; but in all such cases the vote of each 
house shall be determined by yeas and nays, to be entered upon the 
journal. Bills making appropriations of money out of the treasury 
shall specify the objects and purposes for which the same are made, 
and appropriate to them respectively their several amounts in distinct 
items and sections. And if the governor shall not approve any one 
or more of the items or sections contained in any bill, but shall 
approve the residue thereof, it shall become a law as to the residue 
in like manner as if he had signed it. The governor shall then 
return the bill, with his objections to the items or sections of the 
same not approved by him, to the house in which the bill shall have 
originated, which house shall enter the objections at large upon its 
journal, and proceed to reconsider so much of said bill as is not 
approved by the governor. The same proceedings shall be had in 
both houses in reconsidering the same as is hereinbefore provided 
in case of an entire bill returned by the governor with his objections ; 

58 


CONSTITUTION OF ILLINOIS, 


and if any item or section of said bill not approved by the governor 
sliall be passed by two-thirds of the members elected to each of the 
two houses of the general assembly, it shall become part of said law, 
notwithstanding the objections of the governor. Any bill which shall 
not be returned by the governor within ten days (Sundays excepted) 
after it shall have been presented to him, shall become a law in like 
manner as if he had signed it, unless the general assembly shall by 
their adjournment prevent its return, in which case it shall be filed 
with his objections in the office of the secretary of state, within ten 
days after such adjournment, or become a law. 

FOURTH AMENDMENT. 

Proposed by the Thirty-fourth General Assembly, 1885, and adopted 
by a vote of the People on the ^h day of N'ovember, A.D. 1886. 

CONTRACT CONVICT LABOR. 

Hereafter it shall be unlawful for the commissioners of any peni¬ 
tentiary or other reformatory institution in the State of Illinois to 
let by contract to any person or persons, or corporations, the labor 
of any convict confined within said institution. 

FIFTH AMENDMENT. 

In force Nove?nber 29, 1890. 

“ The corporate authorities of the city of Chicago are hereby au¬ 
thorized to issue interest-bearing bonds of said city to an amount not 
exceeding five million dollars, at a rate of interest not to exceed five 
per centum per annum, the principal payable within thirty years from 
the date of their issue, and the proceeds thereof shall be paid to the 
treasurer of the World’s Columbian Exposition, and used and dis¬ 
bursed by him, under the direction and control of the directors, in 
aid of the World’s Columbian Exposition, to be held in the city of 
Chicago, in pursuance of an act of Congress of the United States: 
Provided, that if at the election for the adoption of this amendment 
to the constitution, a majority of the votes cast within the limits of 
the city of Chicago shall be against its adoption, then no bonds shall 
be issued under this amendment. And said corporate authorities 


59 


CONSTITUTION' OF ILLINOIS. 


shall be repaid as large a proportionate amount of the aid given by 
them as is repaid to the stockholders on the sums subscribed and 
paid by them, and the money so received shall be used in the redemp¬ 
tion of the bonds issued as aforesaid : Provided., that said authorities 
may take, in whole or in part of the sum coming to them, any perma¬ 
nent improvements placed on land held or controlled by them : A 7 id 
provided, further, that no such indebtedness so created shall in any 
part thereof be paid by the State, or from any State revenue, tax, or 
fund, but the same shall be paid by the said city of Chicago alone.” 

UNITED STATES OF AMERICA, [ Office of Secretary 

State of Illinois, J ‘ of State. 

I, Henry D. Dement, Secretary of State of the State of Illinois, do hereby 
certify that the foregoing is a true copy of the Constitution of the State of Illinois, 
adopted in convention on the 13th day of May, 1870, ratified by a vote of the 
people on the 2d day of July, 1870, and in force on the 8th day of August, 1870, 
and as amended in 1878, in 1880, in 1884, and in 1886, and now on file in this 
office. 

In testimony whereof I have hereunto set my hand and affixed the Great 
Seal of State. Done at the city of Springfield, this 15th day of January, A.D. 
1887. 

HENRY D. DEMENT , Secretary 0 / State . 


60 


INDEX 


■*<>*■ 


PAGE 

Preamble. i 

ARTICLE I. 

Boundaries. i 

ARTICLE 11 . 

BILL OF RIGHTS. 


§ I. Inherent and Inalienable Rights... 2 

§ 2. Due Process of Law. 2 

§ 3. Liberty of Conscience Guaranteed 2 

§ 4. Freedom of Speech — Libel. 3 

§ 5. Right of Trial by Jury. 3 

§ 6. Unreasonable Searches and Seiz¬ 
ures . 3 

§ 7. Bail Allowed — Writ of Habeas 

Corpus. 3 

§ 8. Indictment Required — Grand Jury 3 
§ 9. Rights of Persons Accused of Crime 3 

§ 10. Self Crimination — Acquittal. 3 

§ II, Penalties .No Corruption of Blood 

or Forfeiture of Estate. 4 

§ 12. Imprisonment for Debt. 4 

§ 13. Compensation for Property Taken 4 
§ 14. Ex Post Facto Laws — Contracts 

— Irrevocable Grants. 4 

§ 15. Military Subordinate to Civil 

Power. 4 

§ 16. Quartering of Soldiers. 4 

§17. Right of Assembly and Petition- 4 

§ 18. Elections to be Free and Equal- 4 

§ 19. Protection of the Law. 4 

§20. Fundamental Principles. 4 


ARTICLE III. 

Distribution of Powers. S 


ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

PAGE 


§ I. General Assembly. 5 

§ 2. Election — Vacancies. 5 

§ 3. Who are Eligible. 6 

§ 4. Disqualification by Crime. 6 

§ 5. Oath of Office. 6 

§ 6. Senatorial Apportionment. 7 

§§ 7 and 8. Representatives — (Inoper¬ 
ative) . 8 

§§7 and 8. Minority Representation.. 9 

§ 9. Time of Meeting — General Rules 9 
§ 10. Open Sessions — Adjournments — 

Journals — Protests. 9 

§11. Style of Laws. 10 

§ 12. Origin and Passage of Bills. 10 

§ 13. Reading — Printing — Title — 

Amendments. 10 

§14. Privileges of Members. ii 

§ 15. Disabilities of Members. ii 

§ 16. Appropriations. ii 

§17. Payment of Money— Statement of 

Expenses. ii 


§ 18. Ordinary Expenses — Casual Defi¬ 
cits — Appropriations Limited.. 11 
§ 19. Extra Compensation or Allowance 12 

§ 20. Public Credit not Loaned. 12 

§ 21. Pay and Mileage of Members. 13 

§22. Special Legislation Prohibited- 13 

§23. Against Release from Liability... 14 

§ 24. Proceedings on Impeachment. 14 

§25. Fuel, Stationery, and Printing- 15 

§ 26. State not to be Sued. 15 

§27, Lotteries and Gift Enterprises.... 15 

§ 28. Terms of Office not Extended. 15 

§29. Protection of Minors. 15 

§ 30. Concerning Roads — Public and 

Private. 15 












































INDEX. 


PAGE 

§31. Draining and Ditching. 15 

§ 32. Homestead and Exemption Laws.. 16 
§ 33. Completion of the State House- 16 

ARTICLE V. 

EXECUTIVE DEPARTMENT. 


§ I. Officers — Terms. 16 

§ 2. State Treasurer . 16 

§ 3. Time of Electing State Officers- 17 

§ 4. Returns — Tie — Contested Elec¬ 
tion . 17 

§ 5. Eligibility for Office. 17 

§ 6. Governor — Powers and Duty. 18 

§ 7. His Message and Statement. 18 

§ 8. Convening the General Assembly 18 
§ 9. Proroguing the General Assembly 18 

§10. Nominations by the Governor_ 18 

§ II. Vacancies may be Filled. 18 

§ 12. Removals by the Governor. 19 

§ 13. Reprieves — Commutations — Par¬ 
dons . 19 

§ 14. Governor as Commander-in-Chief 19 

§15. Impeachment of Officers. 19 

§ 16. Veto Power. 19 

§ 17. Lieutenant-Governor as Governor. 20 

§ 18. President of the Senate. 20 

§ 19. Vacancy in Governor’s Office. 20 

§20. Vacancy in other State Offices- 21 

§21. Reports of State Officers. 21 

§ 22. Great Seal of the State. 21 

§23. Fees and Salaries. 21 

§24. Definition of “ Office ”. 22 

§ 25. Oath of Civil Officers. 22 


ARTICLE VI. 

JUDICIAL DEPARTMENT. 


§ I. Courts Established. 23 

§ 2. Supreme Court Jurisdiction. 23 

§ 3. Qualifications of a Supreme Judge ,23 

§ 4. Terms of the Supreme Court. 23 

§ 5. Grand Divisions — Districts. 23 

§ 6. Election of Supreme Judges. 24 

§ 7. Salaries of the Supreme Judges... 25 

§ 8. Appeals and Writs of Error. 25 

§ 9. Reporter. 25 

§ 10. Clerks of the Supreme Court. 25 

§ II. Appellate Courts Authorized. 25 

§12. Circuit Courts — Jurisdiction. 26 

§13. Formation of Judicial Circuits- 26 § 

§14. Time of holding Circuit Courts- 26 § 

62 


PAGE 


§15. Judges — Increase of Number. 27 

§ 16. Salaries of the Circuit Judges. 27 

§ 17. Qualificationsof Judges and County 

Commissioners. 27 

§18. County Judges — County Clerks.. 27 

§ 19. Appeals from County Courts. 28 

§ 20. Probate Courts Authorized. 28 

§21. Justices of the Peace and Con¬ 
stables . 28 

§22. State’s Attorney in each County.. 28 

§ 23. Cook County Courts of Record- 28 

§24. Chief Justice — Power of Judges.. 29 

§25. Salaries of the Judges. 29 

§ 26. Criminal Court of Cook County. .. 29 
§ 27. Clerks of the Cook County Court.. 29 

§28. Justices in Chicago. 30 

§29. Uniformity in the Courts. 30 

§30. Removal of any Judge. 30 

§ 31. Judges to make Written Reports.. 30 
§32. Terms of Office—Filling Vacan¬ 
cies . 31 

§ 33. Process — Persecutions — Popula¬ 
tion . 31 


ARTICLE VII. 

SUFFRAGE. 


§ I. Qualification of Voters. 31 

§ 2. All Voting to be by P)allot. 32 

§ 3. Privileges of Electors. 32 

§ 4. Voting Residence. 32 

§ 5. Soldiers in the U. S. Army. 32 

§ 6. Qualifications for Office. 32 

§ 7. Persons Convicted of Crime. 32 


ARTICLE VIIL 

EDUCATION. 


§ I. Free Schools. 32 

§ 2. Gifts or Grants in aid of Schools.. 32 
§ 3. Aid to Sectarian Schools Pro¬ 
hibited . 32 

§ 4. Sale of Text Books — Teachers and 

Officers. 33 

§ 5. County Superintendent of Schools 33 


ARTICLE IX. 

REVENUE. 


1. Taxation shall be Uniform. 33 

2. Other and Further Taxation. 34 


























































INDEX. 


PAGE 


§ 3. Property Exempt from Taxation.. 34 
§ 4. Sale of Real Property for Taxes.. 34 

§ 5. Right of Redemption. 34 

§ 6. Release from Taxation Forbidden 34 
§ 7. Taxes Paid into State Treasury... 34 

§ 8. Limitation on County Taxes. 35 

§ 9. Local Municipal Improvements... 35 
§ 10. Taxation of Municipal Corpora¬ 
tions . 35 

§11. Defaulter not to be Eligible. 35 

§ 12. Limitation of Municipal Indebted¬ 
ness. 35 


ARTICLE X. 

COUNTIES. 


§ I. New Counties. 36 

§ 2. Division of any County. 36 

§ 3. Attaching or Detaching Territory. 36 

§ 4. Removal of a County Seat. 36 

§ 5. County Government. 37 


§ 6. Board of County Commissioners.. 37 
§ 7. County Affairs in Cook County... 38 
§ 8. County Officers — Terms of Office 38 
§ 9. Salaries and Fees in Cook County 38 
§ 10. Salaries fixed by County Board... 38 


§ II. Township Officers’ Fees. 39 

§12. All Future Fees Uniform. .. 39 

§ 13. Sworn Report of All Fees. 39 


ARTICLE XI. 

CORPORATIONS. 


§ I. Organization of Corporations. 40 

§ 2. Existing Charters. 40 

§ 3. Election of Directors or Managers 40 
§ 4. Construction of Street Railways... 40 
§ 5. State Bank Forbidden — General 

Law. 41 

§ 6. Liability of Bank Stockholder. 41 

§ 7. Suspension of Specie Payment- 41 

§ 8. Of a General Banking Law. 41 

§ 9. Railroad Office — Books and 

Records. 4^ 

§ 10. Personal Property of Railroads- 42 

§ II. Consolidations.. 42 

§ 12. Railroads Deemed Highways — 

Rates Fixed. 42 

§ 13. Stocks, Bonds, and Dividends- 43 

§14. Power over Existing Companies.. 43 
§ 15. Freight and Passenger Tariffs Reg¬ 
ulated . 43 


ARTICLE XII. 

MILITIA. 

PAGE 

§ I. Persons Liable to Military Duty... 43 
§ 2. Organization — Equipment — Dis¬ 
cipline. 43 

§3. Officers. 44 

§ 4. Privileged from Arrest. 44 

§5. Records, etc.. Preservation. 44 

§ b.'Exemption from Duty. 44 

ARTICLE XIII. 

WAREHOUSES. 


§ I. Public Warehouses. 44 

§ 2. Sworn Weekly Statements Re¬ 
quired . 44 

§3. Examination of Property Stored... 45 
§4. Carriers to Deliver Full Weight. ... 45 
§ 5. Delivery of Grain by Railroads. ... 45 

§6. Warehouse Receipts. 45 

§ 7. Grain Inspection. 45 


ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 


§ I. By a Convention. 46 

§2. Proposed by the Legislature. 46 


SECTIONS SEPARATELY SUBMITTED. 


Illinois Central Railroad. 47 

Municipal Subscriptions to Corporations 47 
Illinois and Michigan Canal. 48 

SCHEDULE. 

§ I. Laws in Force remain Valid. 48 

§ 2. Fines, Penalties, and Forfeitures... 48 
§ 3. Recognizances, Bonds, Obliga¬ 
tions . 48 

§4. County Courts. 49 

§ 5. All Existing Courts Continued. 49 

§ 6. Persons now in Office Continued... 49 


AMENDMENTS. 


First. 57 

Second. 57 

Third. 58 

Fourth. 59 

Fifth. 59 
























































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